If you are involved in a distracted driving crash in which the other driver was reckless or careless, seek legal help within days of the incident. A Cayce distracted driving accident lawyer can review your case. They can determine if a personal injury lawsuit is warranted.
The Shelly Leeke Law Firm has more than a decade of experience in helping auto collision victims and their families. Trust a Cayce car accident lawyer to help you with your distracted driving accident case. Schedule a free case consultation with us.
Benefits of Filing a Cayce Distracted Driving Accident Claim
There are many types of distracted driving, and each one is dangerous. If a driver decides to look down at their cell phone, eat, or do other things that take their attention away from the road, they can cause an accident. On top of that, this motorist can be held responsible for this crash and all associated losses.
A Cayce personal injury lawyer can help you get compensation through an insurance claim or injury lawsuit. They can explain what is considered distracted driving and whether the other driver involved in your crash was operating their vehicle unsafely. Your lawyer can prepare a compelling argument to prove this motorist was driving while distracted.
The team at the Shelly Leeke Law Firm can answer any questions you have about distracted driving crash claims. If you are ready to file an insurance claim or injury lawsuit, we can help you every step of the way. Contact us to get started.
How Much Time You Have to Submit a Distracted Driving Crash Claim
Based on the South Carolina Code of Laws, Title 15, the statute of limitations for a personal injury claim is three years. A distracted driving accident lawyer in Cayce can walk you through the claims process. They can file your claim and represent you as you deal with a liable party and their insurance company.
There is a lot a personal injury lawyer can do for your car accident claim. Your attorney can negotiate a settlement on your behalf. If you get a settlement offer, you can evaluate it with your lawyer and decide how to proceed with it.
Just because you receive a settlement proposal does not mean you are required to accept it. If a settlement is less than what you want, you can decline it without incurring any penalties. In a situation where no settlement pact is reached, your lawyer can submit a lawsuit for you.
What the Process of Filing a Distracted Driving Accident Lawsuit Looks Like
A distracted driving accident attorney in Cayce can file your lawsuit before the statute of limitations is up. They can build an argument designed to show the court that you deserve 100% of the compensation you are requesting. Your attorney will encourage you to ask for economic and non-economic damages, including:
- Medical bills
- Pain and suffering
- Loss of income
- Loss of enjoyment of life
- Costs of replacing or repairing your car
Your lawyer helps you establish realistic expectations for your case. They can discuss what happens if you lose a car accident lawsuit. In addition, they can provide tips, recommendations, and insights to help you avoid this scenario.
What It Takes to Recover Damages in a Distracted Driving Collision Lawsuit
The legal process does not guarantee you will get damages in your lawsuit. You are responsible for proving to a judge or jury that you should be awarded compensation for your distracted driving collision losses. As your case moves forward, your lawyer helps you gather evidence to validate this point, and your body of proof could include:
- Photos and videos from the scene of your accident
- Witness statements
- The other driver’s cell phone records
- Police report
- Traffic camera footage
Your lawyer can describe the importance of preserving evidence of your accident at the scene. If your proof is strong, it has the potential to impact your case result. Your evidence could lead the court to rule in your favor and provide you with fair compensation you can use to recover financially from your crash.
How to Prove a Motorist Was Driving While Distracted
Your lawyer knows the difference between distracted and inattentive driving. As your attorney crafts your argument, they look for ways to use your evidence to prove that the other driver was driving while distracted and, as such, was negligent. They also want to show that these elements of negligence contributed to your accident:
- Duty of Care: The other driver was legally responsible for complying with the rules of the road and doing what was necessary to operate their vehicle safely.
- Breach of Duty of Care: This motorist chose to do something careless or reckless and, because of their actions, violated their duty of care.
- Causation: The driver’s actions led to your accident.
- Damages: Since this driver decided to act in a certain manner, you have suffered quantifiable or subjective losses.
If you expect the other motorist to admit that they were negligent, this is highly unlikely to happen. Fortunately, your lawyer understands the elements of negligence and how they can affect your case. They work diligently to verify that these elements were present when your accident occurred and, if they succeed, could convince the court to award you full damages.
How Comparative Negligence Can Impact Your Case
You claim the other driver involved in your collision was operating their vehicle while distracted. Alternatively, this motorist says you were distracted while driving. Your lawyer can provide a breakdown of negligence laws in South Carolina and, when they do, explain how both you and the other motorist can be partly liable for your accident.
South Carolina has a comparative negligence law. With this, two drivers in an auto accident can share the blame. In your distracted driving accident case, if you are primarily responsible for your crash, you may be ineligible to secure damages from the other motorist.
Comparative negligence allows you to obtain compensation if you are 1-50% liable for an auto crash. In this situation, what you get for damages may be reduced by your percentage of fault. For example, if you are 20% at fault, you may receive 80% of the damages you initially sought.
Partner with a Distracted Driving Crash Lawyer
The Shelly Leeke Law Firm offers legal guidance to anyone who wants to pursue compensation from parties liable for a distracted driving collision. We are here to help you with your auto accident case. Request a free case consultation with us.
