Distracted driving has quickly become one of the most dangerous habits on the road. As our lives become more connected through technology, more drivers are allowing their attention to drift away from the task at hand – driving safely.
In many cases, distracted driving accidents result in serious injuries or even fatalities. What makes distracted driving so dangerous is how quickly it can happen – just a few seconds of inattention can lead to a fatal crash.
At Savage, Royall & Sheheen, LLP, we’ve seen how lives can change in an instant due to a distracted driver’s poor decision. Victims are left dealing with physical pain, financial stress, and emotional trauma, often without a clear path forward. That’s why our Camden car accident lawyers fight for those affected by these preventable accidents.
Understanding Distracted Driving: More Than Just Texting
When people think about distracted driving, texting is usually the first thing that comes to mind. But distracted driving doesn’t only involve texting.
Distracted driving is any activity that diverts a driver’s attention away from the road. That distraction can be:
- Visual (taking your eyes off the road)
- Manual (taking your hands off the wheel), or
- Cognitive (taking your mind off driving).
Often, it’s a combination of all three. Some common, yet overlooked, examples include:
- Scrolling through music playlists or adjusting the GPS
- Eating or drinking while driving
- Talking to passengers or trying to calm children in the backseat
- Reaching for something that fell on the floor
- Even mentally checking out – thinking about work, stress, or your to-do list
South Carolina’s Distracted Driving Laws: What Drivers Need to Know
In South Carolina, it’s illegal to use a wireless electronic communication device to compose, send, or read a text-based communication while driving on a public street or highway (SC Code Section 56-5-3890). Exceptions include lawful parking, hands-free devices, emergencies, and other specific circumstances. However, the law doesn’t ban all cell phone use while driving. For example, drivers are still allowed to:
- Use navigation apps,
- Use a hands-free device,
- Summon emergency assistance,
- Transmit or receive data as part of a digital dispatch system, and
- Perform official duties as a public safety official.
This leaves a gray area where drivers may still be distracted, even if they aren’t technically breaking the law. As such, it’s hard to prove what the driver was doing with their phone unless there’s a crash or someone witnesses the behavior. That’s one reason distracted driving continues to be such a big issue.
How Distracted Driving Affects Fault and Liability After a Crash
When someone causes a crash because they weren’t paying attention, they can be held legally responsible. This means the distracted driver may be “at fault,” and that matters a lot when it comes to insurance claims and lawsuits.
If you were injured in the crash, proving the other driver was distracted can make a big difference. It can help show that they were careless, which makes it more likely that you’ll be able to get compensation for your medical bills, lost wages, and other damages.
But proving distracted driving isn’t always easy. The other driver probably won’t admit they were texting or looking at their phone. That’s why it’s so important to have a lawyer who knows how to investigate. Things like cell phone records, witness statements, dash cam footage, or even traffic cameras can help show what happened.
South Carolina follows “comparative negligence.” This means if both drivers were partly at fault, the amount of compensation you get could be reduced. For example, if you were 10% at fault, your settlement could be reduced by 10%. But if the other driver was clearly distracted and mostly to blame, your lawyer will fight to make sure the responsibility is placed where it belongs.
How a Car Accident Lawyer Can Help
At Savage, Royall & Sheheen, LLP, our car accident lawyers fight to protect your rights. We’ll handle the legal legwork so you can focus on healing. Here’s how hiring our car accident lawyer can make a difference in your case:
Expert Investigation and Case Preparation
From the moment you engage our services, we start with a thorough investigation of the accident. We gather all necessary evidence, including traffic camera footage, witness statements, and police reports. Our legal team collaborates with accident reconstruction experts to build a narrative that clearly shows how the distraction led to the crash.
Negotiating With Insurance Companies
Insurance companies often attempt to minimize the compensation paid out in claims, especially in cases involving distracted driving. Our lawyers understand insurance tactics and will negotiate on your behalf. We ensure that your claim is taken seriously and that you receive the maximum compensation possible, covering medical expenses, lost wages, and other damages.
Advocating for You in Court
While many car accident claims are settled out of court, some require a trial to get fair compensation. Our legal team is prepared to advocate for you in court, presenting a strong case supported by solid evidence and expert testimony. We aim to achieve the best possible outcome, whether through a settlement or a court verdict.
Contact Our Car Accident Lawyers Today
Distracted driving cases can be complex, and proving distraction often requires experienced legal support. From phone records to eyewitness accounts, a strong case depends on a thorough investigation. Our team at Savage, Royall & Sheheen, LLP, knows what it takes to hold distracted drivers accountable. We understand how to build a case that clearly shows the other driver’s negligence and the impact their actions have had on your life.
If you have been in a car accident and you believe it was caused by distracted driving, our car accident lawyers are here to help. Contact us at 803-432-4391 for a free consultation.