It is against the law to drive while distracted. Regardless, distracted driving is a problem in Beaufort and other South Carolina cities and towns. If you get hurt in an accident in which the other driver took their eyes off the road, request help from a Beaufort distracted driving accident lawyer.
The Shelly Leeke Law Firm has more than a decade of legal experience. Let our Beaufort car accident lawyer help you with your distracted driving lawsuit. Request a free case consultation today.
Damages You Can Get in a Distracted Driving Accident Lawsuit
Economic and non-economic damages may be awarded in a distracted driving accident case. A judge or jury can offer economic compensation for losses that the plaintiff can quantify and non-economic damages based on subjective harm.
Here are the damages your Beaufort personal injury lawyer may recover in your lawsuit:
- Medical bills
- Lost income
- Emotional trauma
- Pain and suffering
- Loss of enjoyment
- Vehicle replacement or repairs
In rare instances, a judge or jury will award economic or non-economic compensation in conjunction with punitive damages. You may recover punitive damages if a judge or jury wants to deter a liable party from committing acts of negligence in the future. Keep in mind that not every accident warrants punitive damages, and it is at the court’s discretion to provide them.
Definition of Distracted Driving
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that takes a motorist’s attention away from driving. Texting, eating, and drinking are three of the activities that can lead to distracted driving accidents.
If a driver is doing any of these things and slams their car into yours, they may be liable for your accident-related losses.
If you believe a driver was distracted and their actions led to your accident, seek legal help. A Beaufort distracted driving accident attorney will examine your case in detail. They can find out why your accident occurred.
The Shelly Leeke Law Firm has a proven track record in personal injury lawsuits. Over the years, we have helped many clients secure damages in car accident cases. Consult with our distracted driving accident lawyer in Beaufort.
When to File a Distracted Driving Accident Claim
A distracted driving accident attorney in Beaufort can explain how long you have to report a car accident. Generally, it is best to report your accident right after it happens.
Call 911, report the incident to the police, and tell your auto insurance company about it, as this can put you on track to get compensation from any liable parties.
In South Carolina, auto insurance is a requirement for all drivers. Your auto insurance company can work with a liable driver’s insurer to help you secure damages. However, an at-fault motorist’s insurer may dispute your claim to the point where you debate whether you should give up on it altogether.
As you communicate with an insurance company, it helps to have a lawyer at your side. Your attorney negotiates a settlement on your behalf. If no settlement is reached, your lawyer can help you file a lawsuit.
How a Distracted Driving Accident Lawsuit Works
Per the South Carolina Code of Laws §15-3-540, the statute of limitations for submitting a personal injury lawsuit is three years. Within three years of your distracted driving accident, you can pursue damages from a liable party. Outside of this window, you may be solely responsible for your accident-related losses.
Your lawyer can file your lawsuit and build an argument designed to prove to a judge or jury that you deserve damages. As part of their efforts, your attorney will gather evidence. They may use accident scene photos and videos, medical records, and other proof to support your case.
Once you file a lawsuit, your lawyer keeps looking for ways to strengthen your case. They can explain what happens if you lose a car accident lawsuit and what you can do to avoid this scenario. Your attorney also helps you request maximum damages.
How to Prove You Deserve Damages in a Distracted Driving Accident Case
Your body of proof can impact the damages you receive. With your lawyer’s help, you can collect evidence that shows a judge or jury that you deserve 100% of the damages you are requesting. Your proof will make it clear that these elements of negligence were present when your accident happened:
- Duty of Care: A party was legally obligated to keep their eyes on the road, drive safely, and follow state and federal laws.
- Breach of Duty of Care: The party chose to violate their legal obligation and, as a result, put you and others in danger.
- Causation: The party committed an act that led to your accident and injuries.
- Damages: You now have to deal with economic or non-economic losses.
Your lawyer can provide you with insights into why falling asleep while driving and similar acts are considered negligent. If your attorney can prove the defendant in your lawsuit was negligent, this individual may have concerns about the strength of your case. This could prompt the defendant to propose a settlement that gives you the damages you want.
How a Distracted Driving Accident Case Gets Settled
Your attorney wants to settle your case as quickly as they can. On the other hand, they want you to collect damages that give you enough compensation to cover all of your accident-related losses. Thus, your Beaufort distracted driving accident lawyer can negotiate a settlement, and you have the final say on whether to approve it.
If your lawyer receives a settlement offer, they will let you know. Your attorney can answer your questions about the proposal and explain how much money it provides. It may be a good idea to take plenty of time to review the offer, as this will help you weigh its pros and cons.
A settlement does not become final until you accept it in writing. If you verbally accept a settlement offer, you still have the right to change your mind for the time being. On the other hand, after you sign off on a settlement, you get compensation, and your case is closed.
Choose a Distracted Driving Accident Lawyer Who Is Empathetic and Caring
The Shelly Leeke Law Firm has a legal team in place that prioritizes the needs of our clients. We will keep you updated throughout the legal process, helping you make informed decisions every step of the way.
Schedule a free case consultation with our team.
