Distracted Driving Lawyer in Bamberg, SC
Thousands of people lose their lives and suffer serious injuries in distracted driving accidents every year. Many states have passed laws to prevent drivers from engaging in distraction-related activities like texting and using handheld devices. So far, these rules have had limited success. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed more than 3,100 lives in a single recent year.
Did you suffer injuries in a distracted driving accident in South Carolina? If so, you could be entitled to substantial compensation from the at-fault driver. Let a Bamberg distracted driving lawyer from Wilson Law Group, LLC help you hold the responsible party accountable for their negligence. Call or contact us today for a free consultation.
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What Is Distracted Driving?
Distracted driving occurs when a driver engages in any activity or behavior that pulls their attention from the task of driving. It’s one of the most common causes of traffic-related accidents in the United States today. The S.C. Department of Insurance estimates that distracted driving causes at least two crashes per hour in the Palmetto State.
Types of Distracted Driving
There are three main types of distracted driving, according to the Centers for Disease Control and Prevention (CDC):
- Manual: Anything that causes drivers to take their hands off the steering wheel
- Visual: Distractions that lead drivers to take their eyes off the road
- Cognitive: Any activity that occupies the driver’s mind
Some actions, such as texting, are a dangerous combination of all three types of distracted driving. Texting drivers must remove at least one hand from the steering wheel to type, take their eyes off the road to read the message and shift their concentration to write a response.
According to NHTSA, it takes about five seconds of inattention to send or read a text message. In a car traveling at 55 miles per hour, that’s enough time for a driver to cross a football field.
Types of Driving Distractions
Common examples of distracted driving include:
- Texting while driving
- Cell phone use
- Talking to passengers
- Eating and drinking
- Personal grooming
- Adjusting the radio
- Using a GPS
- Daydreaming
- Reaching for an item
- Focusing on something outside the car, like a billboard or car accident
How to Prove Distracted Driving
Legally speaking, distracted driving is a negligent action. If a driver causes a crash because they were texting, talking on the phone, or distracted by some other activity, they can be held financially liable for any losses they cause in South Carolina.
Proving your distracted driving case can be challenging, particularly if the defendant denies liability or tries to shift blame over to you. You (or your attorney, if you hire one) will need to gather evidence that shows the at-fault driver was distracted at the time of the crash. Potential evidence might include:
- Police accident report
- Photos from the crash scene
- Surveillance camera or dashcam footage
- Cell phone records
- Witness testimony
Proving liability also means demonstrating that the at-fault driver violated their duty to keep you safe from harm. Let’s say the evidence shows the driver who hit you was texting behind the wheel, causing the crash and your injuries. They would very likely be considered negligent in South Carolina.
To win a distracted driving accident claim, you’ll also need to show that you incurred financial losses that can be resolved with monetary compensation. Losses can be financial or non-financial. A S.C. distracted driving lawyer can determine the compensation you may be eligible to receive.
Types of Compensation for Distracted Driving Accident Victims
Compensation is designed to cover expenses and losses you suffered from the crash. Depending on the circumstances of your case, you might be able to demand money for:
- Past, current, and future medical expenses, such as hospital bills, meals and lodging, surgical expenses, rehabilitative costs, prescription medications, and other bills
- Lost income, if you are unable to return to work while you recover from your injuries
- Reduced earning capacity, if you are temporarily or permanently disabled and cannot perform the full scope of your job duties
- Property damage, such as vehicle replacement or repairs
- Pain and suffering, including physical pain, mental anguish, emotional distress, lost enjoyment of life, and post-traumatic stress disorder (PTSD)
You can pursue compensation from the at-fault party through a third-party insurance claim or a personal injury lawsuit. A Bamberg distracted driving accident attorney can help you identify all liable parties, calculate your losses, and work with the insurance company to negotiate a full and fair settlement. A lawyer can also represent you at trial if the insurer refuses to make an acceptable offer.
How Long Do You Have to File a Distracted Driving Accident Lawsuit?
In South Carolina, you have three years from the date you sustained your injuries to file a personal injury claim. Many accident victims settle out of court through an insurance claim, but an attorney can discuss the pros and cons of trial with you if negotiations break down.
Keep in mind that the three-year statute of limitations on distracted driving accident claims is a hard deadline. If you miss the window to file, you could forfeit your right to compensation permanently.
Our Bamberg Distracted Driving Accident Attorneys Can Help
Were you injured in a motor vehicle accident caused by a distracted driver? A South Carolina distracted driving accident attorney at Wilson Law Group, LLC can fight for maximum compensation for you.
When you work with us, our legal team will launch a thorough investigation into the crash, gather evidence to support your claim, document your losses, place a value on your case, and aggressively pursue the money you deserve. Call or contact us today for a free, no-risk consultation.