Distracted driving has become one of the leading causes of accidents on South Carolina’s roads. As our world becomes increasingly connected, more and more drivers find themselves tempted by the lure of smartphones, GPS devices, and other distractions while behind the wheel. Unfortunately, these distractions can lead to devastating consequences.
In South Carolina, the effects of distracted driving are evident in the rising number of accidents, injuries, and fatalities that occur yearly. If you or a loved one is injured in a distracted driving accident, a South Carolina car accident lawyer may be able to help you obtain compensation.
A South Carolina distracted driving accident lawyer at Shelly Leeke Law Firm can help you navigate the complexities of the legal system and fight for justice and compensation, as we have for other injury victims for over a decade.
Understanding Distracted Driving
Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving. There are three main types of distractions a South Carolina personal injury lawyer can help you sue for. These distractions include:
- Visual distractions: These distractions occur when a driver takes their eyes off the road. Examples include looking at a phone screen, reading a map, or glancing at an object or event outside the vehicle.
- Manual distractions: These distractions involve taking one or both hands off the steering wheel. Examples include eating, drinking, adjusting the radio, or reaching for an object inside the car.
- Cognitive distractions: These distractions occur when a driver’s mind is not focused on driving. Daydreaming, talking to passengers, or thinking about something other than driving can all serve as cognitive distractions.
The National Highway Traffic Safety Administration (NHTSA) measures distraction-affected crashes and cell phone and texting accidents. According to NHTSA, distracted driving led to more than 3,300 fatalities in 2022. If a distracted driver caused an accident that injured you, contact a distracted driving accident attorney in South Carolina today to discuss your legal options.
The Scope of the Problem in South Carolina
In a state-by-state comparison, South Carolina has some of the highest rates of traffic fatalities in the country, and distracted driving is a significant contributing factor.
In fact, South Carolina drivers ranked third worst in the nation, with distracted driving being one of the primary causes of accident fatalities. A common cause of motor vehicle accidents in South Carolina includes technology and the risk of distracted driving, specifically including the following:
- Texting and driving: Despite laws banning texting while driving, many drivers continue to engage in this dangerous behavior. While all types of distractions are dangerous, texting while driving is particularly hazardous because it involves all three types of distractions.
- Use of GPS and navigation systems: While these devices can help drivers find their way, they can also be a significant source of distraction, especially if the driver is inputting information or looking at the screen while driving.
- Eating and drinking: Many drivers eat or drink while driving, often leading to manual distractions and an increased risk of accidents.
- Talking to passengers: While it may seem harmless, engaging in deep or emotional conversations with passengers can distract a driver from the road and lead to cognitive distractions.
- Use of in-car technology: Modern vehicles have various technological features, from entertainment systems to voice-activated controls. While these features are designed to make driving more convenient, they can also contribute to distracted driving.
South Carolina’s Distracted Driving Laws
South Carolina law recognizes the dangers of distracted driving and has enacted legislation to address the issue. The state’s distracted driving laws focus primarily on texting and driving, which is prohibited for all drivers.
However, unlike some other states, the Palmetto State has not yet implemented a comprehensive ban on the use of handheld devices while driving.
South Carolina’s distracted driving law prohibits all drivers, regardless of age or experience, from sending, reading, or writing text messages while driving. Violators of this law can face fines and other penalties.
In addition to state laws, several South Carolina cities and municipalities have enacted their own distracted driving ordinances that may include stricter regulations on cell phone use while driving.
Pursuing Compensation After a Distracted Driving Accident
If you are injured in a distracted driving accident, you may be entitled to compensation for your losses. A South Carolina distracted driving accident attorney can help you pursue a personal injury claim against the at-fault driver. The compensation you may be eligible for can cover a wide range of damages, including:
- Medical expenses: This includes the cost of emergency room visits, surgeries, hospital stays, medications, physical therapy, and any other medical treatment related to your injuries.
- Lost wages: You may be able to claim lost wages from a car accident if your injuries prevent you from working. This can also include future lost wages if your injuries result in a long-term disability affecting your ability to work.
- Pain and suffering: Compensation for pain and suffering addresses the physical pain and emotional distress you have experienced because of the accident.
- Property damage: If the accident damaged your vehicle or other personal property, you may be entitled to compensation for repair or replacement costs.
- Loss of consortium: In cases where the accident has affected your relationship with your spouse or family, you may be entitled to compensation for loss of consortium.
- Punitive damages: In rare cases where the at-fault driver’s behavior was particularly reckless or egregious, you may be awarded punitive damages under §15-32-510 of the South Carolina Code of Laws. These damages punish the wrongdoer and deter similar behavior.
A Shelly Leeke Law Firm distracted driving accident lawyer in South Carolina will thoroughly investigate your case to determine liability and calculate your damages. Then, we will pursue maximum compensation from the at-fault party. Contact us today to schedule a free consultation so we can begin the process of getting you justice.
Statute of Limitations for South Carolina Personal Injury Claims
The statute of limitations for personal injury cases is three years, according to §15-3-530 of the South Carolina Code of Laws. This means that you generally have three years from the injury date to file a lawsuit.
However, this rule has some exceptions, so it is crucial to consult with our South Carolina distracted driving accident lawyers after an injury to understand the specific deadlines that may apply to your case.
Shelly Leeke Law Firm Is Committed to Fighting for Your Rights
Distracted driving is a serious issue in South Carolina, and the consequences of a distracted driving accident can be devastating. If you or a loved one has been injured in such an accident, it is important to take action to protect your rights and pursue the compensation you deserve.
Contact us today to schedule a free consultation and learn more about how we can assist you in your case.
