South Carolina Distracted Driving Accident Lawyer

South Carolina’s scenic highways are meant to be enjoyed, windows down, taking in the beauty of the Lowcountry or the majesty of the Blue Ridge Mountains. Unfortunately, the pleasure of a road trip can be shattered in a split second by a distracted driver.

Distracted driving isn’t just about the occasional glance at a phone notification; it’s a dangerous epidemic that claims lives and leaves countless others physically and emotionally scarred. We’ve seen firsthand the toll it takes on families – the medical bills piling up, the lost wages due to missed work, and the emotional trauma that lingers long after the physical injuries have healed.

Why Do You Need a South Carolina Distracted Driving Accident Attorney?

The legal process after a car accident can be complex, especially when dealing with insurance companies. An experienced South Carolina distracted driving accident attorney can:

• Investigate the Accident: Our team will gather evidence from the scene of the accident, police reports, witness statements, and medical records to build a strong case.
• Determine Liability: We will identify the at-fault party and hold them accountable for their actions. Proving distracted driving can be challenging, but our legal team knows how to navigate these complexities.
• Negotiate with Insurance Companies: Insurance companies are notorious for offering lowball settlements. Our attorneys will fight for a fair settlement that reflects the full extent of your damages.
• Represent You in Court (if necessary): If a fair settlement cannot be reached, we will aggressively represent you in court and fight for the compensation you deserve.

Understanding South Carolina’s Distracted Driving Laws

South Carolina has a strict texting-while-driving law in place. It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of the state.

A violation of this law is considered a primary offense, meaning police officers can pull you over solely for texting and driving. However, distracted driving encompasses more than just texting.

South Carolina law recognizes that any behavior that diverts a driver’s attention from the road can be considered negligent driving. This includes activities like eating, applying makeup, talking on the phone (even with a hands-free device), or fiddling with the radio.

Proving Distracted Driving

In a distracted driving accident case, the burden of proof lies with you, the injured party, to demonstrate that the other driver was negligent and their negligence caused your injuries.

Evidence that can help establish distracted driving includes:

• Police Reports: The police report may contain details about the driver’s behavior leading up to the accident, such as swerving or not paying attention to traffic signals.
• Witness Statements: Witnesses may have observed the other driver texting, talking on the phone, or otherwise distracted before the collision.
• Cell Phone Records: In some cases, court orders can be obtained to access the other driver’s cell phone records if texting is suspected.
• Traffic Camera Footage: Traffic cameras may have captured footage of the accident that shows the other driver’s behavior.

Taking Action After a Distracted Driving Accident

If you’ve been injured in a distracted driving accident, here are some crucial steps to take:

• Seek Medical Attention: Your health is the top priority. Seek immediate medical attention for any injuries sustained in the accident.
• Report the Accident: File a police report to document the accident details.
• Gather Evidence: If possible, take pictures of the accident scene, your injuries, and any damage to your vehicle.
• Contact a South Carolina Distracted Driving Accident Lawyer: An experienced attorney can guide you through the legal process and fight for the compensation you deserve.

The Peril of Divided Attention

Distracted driving goes beyond the well-known dangers of texting and talking on the phone while behind the wheel. It encompasses any activity that diverts a driver’s focus from the critical task of operating a vehicle safely.

This can include:

• Using a cell phone for texting, talking, or browsing the internet
• Eating, drinking, or applying makeup
• Reaching for objects in the car
• Adjusting the radio or entertainment system
• Engaging in conversations with passengers
• Daydreaming or looking at scenery

The Shocking Statistics

The statistics surrounding distracted driving are alarming. Two distracted driving crashes occur in this state every single hour.

That’s right, every sixty minutes, someone’s life is put at risk by a driver who isn’t paying full attention.

Another layer of concern is added with a recent survey revealing that 2.5% of drivers admitted to using handheld cell phones while stopped at intersections. While this figure may seem small, it represents a significant number of people making potentially life-altering decisions behind the wheel.

The Spectrum of Distractions

While cell phone use is a major culprit, distractions come in many forms. Eating a messy meal while driving, fumbling with dropped items, or even engaging in emotional conversations can all take your focus away from the road.

The reality is that driving requires constant vigilance. It’s not just about navigating traffic; it’s about anticipating potential hazards, reacting quickly to unforeseen situations, and making split-second decisions. When a driver is distracted, these critical abilities are compromised, putting themself and everyone else on the road at risk.

Types of Damages Recoverable in Distracted Driving Accidents

The aftermath of a distracted driving accident can be a whirlwind of emotions, physical pain, and financial burdens. Medical bills pile up, lost wages create a financial strain, and the trauma of the accident can linger long after the physical injuries have healed.

That’s why we’re dedicated to fighting for the compensation you deserve to get back on your feet.

Understanding Recoverable Damages in South Carolina

South Carolina personal injury law allows victims of distracted driving accidents to seek compensation for a variety of damages they’ve incurred. These damages can be categorized into two main groups: economic damages and non-economic damages.

• Economic Damages: These are quantifiable losses with clear monetary value. They aim to compensate you for the financial strain caused by the accident. Common examples of economic damages in distracted driving accidents include:
  • Medical Expenses: This covers all past and future medical costs associated with your injuries. This may include ambulance rides, emergency room visits, doctor appointments, surgeries, physical therapy, medication, and any necessary medical equipment.
  • Lost Wages: If you’ve missed work due to your injuries, you can recover compensation for the wages you lost during your recovery period. In some cases, if your injuries prevent you from returning to your previous job, you may also be able to recover lost future earning capacity.
  • Property Damage: The cost of repairing or replacing your vehicle damaged in the accident can be recovered.
• Non-Economic Damages: These are intangible losses that are more difficult to quantify. They aim to compensate you for the pain, suffering, and overall impact the accident has had on your life. Examples of non-economic damages in distracted driving accidents include:
  • Pain and Suffering: This covers the physical pain you’ve experienced due to your injuries. It can also encompass emotional distress, mental anguish, and loss of enjoyment of life caused by the accident.
  • Scarring and Disfigurement: If the accident left you with permanent scars or disfigurement, you may be entitled to compensation for the emotional and psychological impact these have on you.
  • Loss of Consortium: If your injuries have impacted your ability to maintain a normal marital relationship, your spouse may be able to seek compensation for this loss.

Maximizing Your Compensation

We take a meticulous approach to calculating your damages. We will work closely with you to gather documentation that supports your claim, such as medical records, pay stubs, and repair estimates.

Our experienced team will also explore the potential for future medical needs and lost earning capacity, ensuring your long-term well-being is accounted for.

Wrongful Death Claims

In the tragic event that a loved one is lost due to a distracted driving accident, surviving family members may be entitled to file a wrongful death lawsuit. Wrongful death damages can include compensation for:

• Loss of financial support: This covers the income the deceased person would have contributed to the household.
• Loss of companionship: This compensates surviving family members for the emotional loss of their loved one’s companionship, guidance, and love.
• Medical and funeral expenses: The costs associated with the deceased’s medical care and funeral arrangements can be recovered.

A South Carolina Distracted Driving Accident Law Firm Answering Your Questions

Distracted driving accidents can be life-altering events, leaving victims with physical injuries, emotional trauma, and significant financial burdens. This FAQ section aims to answer some of the most common questions specific to South Carolina’s distracted driving accidents and the legal process involved in seeking compensation.

Is Texting While Driving Illegal in South Carolina?

Absolutely. South Carolina has a strict texting-while-driving law in place.

It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of the state. A violation of this law is considered a primary offense, meaning police officers can pull you over solely for texting and driving.

Does South Carolina’s Distracted Driving Law Apply to Hands-Free Devices?

While South Carolina’s law specifically targets texting, it’s important to remember that distracted driving encompasses more than just phone use. Any activity that diverts a driver’s attention from the road can be considered negligent driving.

This includes talking on the phone, even with a hands-free device, if it takes your focus away from the safe operation of the vehicle.

What Are the Penalties for Distracted Driving in South Carolina?

A first offense for texting while driving in South Carolina carries a fine of $25. However, subsequent offenses can result in increased fines, driver’s license suspension, and even jail time.

It’s crucial to note that if a distracted driving accident results in serious injuries or death, the at-fault driver could face criminal charges.

Can I Be Pulled Over for Looking at My GPS While Driving?

Technically, using a GPS device is not illegal in South Carolina. However, if a police officer observes you manipulating the device in a way that compromises your safe driving, they could pull you over for distracted driving.

It’s always best to program your GPS destination before you start driving and to minimize interaction with it while the vehicle is in motion.

What Should I Do if I’m Involved in a Distracted Driving Accident?

The immediate aftermath of an accident can be overwhelming. However, there are some crucial steps you should take to protect your rights:

• Seek Medical Attention: Your health is the top priority.  Even if you don’t feel immediate pain, it’s important to get checked out by a doctor to rule out any potential injuries. 
• Report the Accident: File a police report to document the accident details.  The police report will be a vital piece of evidence in your case. 
• Gather Evidence: If possible, take pictures of the accident scene, your injuries, and any damage to your vehicle.  Witness statements can also be valuable evidence. 
• Contact a South Carolina Distracted Driving Accident Lawyer: An experienced attorney can guide you through the legal process, investigate your case, and fight for the compensation you deserve. 

How Do I Prove the Other Driver Was Distracted?

The burden of proof lies with you, the injured party, to demonstrate that the other driver was negligent and their negligence caused your injuries. The evidence may include:

• Police Reports: The police report may contain details about the other driver’s behavior leading up to the accident, such as swerving or not paying attention to traffic signals. 
• Witness Statements: Witnesses may have observed the other driver texting, talking on the phone, or otherwise distracted before the collision. 
• Cell Phone Records: In some cases, court orders can be obtained to access the other driver’s cell phone records if texting is suspected. 
• Traffic Camera Footage: Traffic cameras may have captured footage of the accident that shows the other driver’s behavior. 

How Long Do I Have to File a Lawsuit After a Distracted Driving Accident in South Carolina?

The statute of limitations for personal injury lawsuits in South Carolina, including those arising from distracted driving accidents, is generally three years from the date of the accident. However, it is crucial to act promptly as evidence can fade over time, and witness memories can become unreliable. 

What if the Insurance Company Denies My Claim?

Insurance companies are in the business of making money, not paying out claims. If your claim is denied, don’t give up; an experienced distracted driving accident lawyer can negotiate with the insurance company on your behalf and fight for the compensation you deserve.

In some cases, it may be necessary to file a lawsuit to get the fair settlement you’re entitled to.

Why Choose the CEO Lawyer Personal Injury Law Firm?

When you’ve been injured in a distracted driving accident, you need a legal team with experience, compassion, and a proven track record of success. Here at the CEO Lawyer Personal Injury Law Firm, that’s exactly what we offer:

• Skilled and Experienced Attorneys: Our team of dedicated lawyers has extensive experience handling distracted driving accident cases in South Carolina. We understand the nuances of state law and are committed to fighting for your rights.
• Relentless Pursuit of Justice: We believe that distracted drivers should be held accountable for their actions. We will work tirelessly to investigate your case, gather evidence, and build a strong legal argument to maximize your compensation.
• Client-Centered Approach: We understand the emotional and physical toll a distracted driving accident can take. Our team is committed to providing personalized attention and support throughout the legal process.
• Free Consultation and Contingency Fees: We offer a free consultation to discuss your case and explore your legal options. You won’t owe us a dime unless we recover compensation for you.

Ali Awad, the CEO Lawyer Advantage

Leading our team is Ali Awad, also known as the CEO Lawyer. Ali is the founder and managing attorney of one of the fastest-growing law firms in the United States.

With a social media following exceeding one million, Ali is a trusted advisor for personal injury victims across the country. His dedication to client success and his in-depth knowledge of personal injury law make him a valuable asset to your case.

The CEO Lawyer’s team of experienced attorneys has handled cases just like yours and boasts a success rate of over 99.5%. We are committed to fighting for the compensation you deserve to get back on your feet and move forward with your life.

If you’ve been injured in a distracted driving accident in South Carolina, don’t wait to seek legal counsel. Contact the CEO Lawyer Personal Injury Law Firm today for a free consultation.

Call us at (864) 664-3865 or visit our website to schedule a consultation. We’re here to help you navigate this challenging time and fight for the justice you deserve.