There’s nothing more important when driving a car than to pay attention to the road. A vehicle going 55 mph can travel more than 400 feet in just five seconds, and other drivers and pedestrians can easily be along that stretch of road. Letting yourself be distracted by a phone or the radio can have tragic consequences, but plenty of drivers do it.
If you were injured in a distracted driving accident in South Carolina, you may be facing steadily growing medical bills and missing time at work. Thankfully, you do have legal recourse. By filing a personal injury claim against the distracted driver, you can collect damages that will cover your medical bills, replace your lost wages, and provide compensation for your pain and suffering. A personal injury lawyer with experience in distracted driving cases can help you prove the other driver’s liability.
Distracted Driving Accidents in South Carolina
According to the South Carolina Department of Public Safety, over 289,000 people were injured in distracted driving accidents nationwide in 2022, and over 3300 people were killed. Texting while driving crashes are common in South Carolina, with over 20,000 occurring each year. According to the National Highway Traffic Safety Administration, rear-end collisions from distracted driving are especially common, and driver inattention is a factor in 60% of all rear-end collisions.
Common Causes of Distracted Driving Accidents
According to the National Safety Council Southeastern Chapter, using a cell phone while driving makes a crash four times as likely. However, phone use is not the only cause of distracted driving accidents. Common causes of these accidents include:
- Texting or using a cell phone
- Eating and drinking
- Talking with passengers in the car
- Adjusting the radio
- Adjusting the heat or air conditioning
The South Carolina Department of Public Safety provides several tips for avoiding distracted driving accidents, including:
- Put your smartphone away.
- Avoid getting in an argument with anyone else in the car.
- Don’t eat while you’re driving.
- Make sure all children in the car are using their seatbelts.
- Make sure pets are in their carriers.
Legal Consequences for Distracted Drivers
State laws on distracted driving are not especially severe. In South Carolina, it is illegal to send, read, or compose a text on your cell phone while driving. However, the fine for violating this statute is no more than $25.
What about hands-free laws and liability? Under South Carolina law, texting is not illegal if you are using a hands-free wireless device. It’s also legal if you are parked or stopped, if you are using your phone to summon emergency assistance, or if you are using a GPS device. It is also not illegal if you are a public safety official performing your duties or using a dispatch service.
With such low fines and so many exceptions to the law against texting while driving, personal injury lawsuits provide the primary legal consequence for this offense in South Carolina. Because texting while driving is against the law, evidence of doing so can establish traffic accident liability. Breaking the law is clear evidence of negligence.
Compensation for Distracted Driving Accidents
Insurance claims for distracted driving depend on establishing negligence. Negligent behavior is a failure to use the level of care a reasonable person would have used in the same situation. South Carolina uses a concept called comparative negligence in car accidents. The court will determine whether one driver was solely responsible for the accident or whether they each share a percentage of the fault. You can file a personal injury claim if you are less than 51% at fault for the accident, but the court will reduce your damages proportionally.
Compensation can include:
- Medical expenses
- Lost wages and other income
- Pain and suffering
- Emotional distress
Compensation can be much more significant than injured people often realize. You can demand compensation for any medical expenses you will ever face due to your injuries, including long-term nursing care and any necessary changes to your home. Lost income includes not only your lost wages from time missed at work but also any decrease in your earning potential.
The court may also award punitive damages for reckless driving. South Carolina caps punitive damages at $500,000 or triple your compensatory damages, whichever figure is higher. Courts don’t award punitive damages in most cases, but they may do so if the driver’s behavior was egregious.
What a Distracted Driving Lawyer Can Do for You
A lawyer with experience in this type of case can help you file a personal injury lawsuit for distracted driving. Proving distracted driving in court requires several steps that would be difficult and stressful for the average person to do alone. However, an experienced distracted driving lawyer can take much of that stress away from you. For example:
- Your lawyer can interview eyewitnesses and collect their statements. Eyewitness testimony in car crashes is highly compelling for a jury.
- Your lawyer can request the police report to find out what the responding officer thought about the cause of the accident.
- Your lawyer can go over your medical records with experts to determine the extent of your injuries. This will help your lawyer decide how much to demand from the insurance company.
- Your lawyer can file a personal injury claim with the at-fault driver’s insurance company and negotiate with them to obtain a settlement.
- If necessary, your lawyer can represent you in court.
Depending on the circumstances of the accident, your attorney may be able to produce other types of evidence. For instance, dashcam footage in accident claims can show what happened in the moments leading up to the crash. One of the biggest advantages of hiring a lawyer is to have someone who knows how to find all the relevant evidence to help you prove your claim.
Contact a Charleston Distracted Driving Lawyer Today
Murphy Crantford Meehan is a distracted driving law firm serving Charleston, South Carolina. We have experience proving driver negligence in personal injury claims and obtaining substantial auto accident settlements. If you’ve been injured in a car accident caused by phone use or any other distracted driving incident, contact Murphy Crantford Meehan today.
