Distracted driving is one of the leading causes of accidents in the United States, and Charleston is no exception. With the rise of smartphones and other technologies, the temptation to multitask while driving has never been greater.
Unfortunately, this increase in distractions comes with a steep price: thousands of accidents and injuries every year.
If you or a loved one has been involved in an accident caused by a distracted driver in Charleston or anywhere in South Carolina, a Charleston car accident lawyer may be able to help you recover compensation.
A Charleston distracted driving accident lawyer from Shelly Leeke Law Firm can help you navigate the legal process and fight for the justice and compensation you deserve. Our Charleston personal injury lawyers have helped victims throughout the state for over a decade, recovering millions in damages.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from the road. It can significantly increase the risk of an accident. Distracted driving can include:
- Texting or using a smartphone
- Talking on the phone, even hands-free
- Eating or drinking
- Adjusting the radio, GPS, or other in-car technologies
- Talking to passengers
- Daydreaming or losing focus
- Grooming, such as applying makeup or shaving
While all types of distractions are dangerous, texting while driving is particularly hazardous. According to the National Highway Traffic Safety Administration (NHTSA), texting takes a driver’s eyes off the road for an average of five seconds.
At highway speeds, this is equivalent to driving the length of a football field with your eyes closed, making it no wonder that texting and driving is often referred to as the new drunk driving due to its similar impairment in reaction times and judgment.
Distracted Driving Laws in South Carolina
South Carolina has enacted laws aimed at reducing the number of accidents caused by distracted driving, particularly those involving cell phones and texting. In 2014, it passed a statewide ban on texting while driving. Under Section 56-5-3890 of the South Carolina Code of Laws:
- Sending, reading, or composing text-based communications while operating a motor vehicle is illegal.
- This includes texts, emails, and other forms of electronic communication.
- The law applies even if the vehicle is stopped at a traffic signal or stop sign.
While South Carolina’s texting law is an important step toward curbing distracted driving, it is considered less stringent compared to other states.
For example, there is no statewide ban on talking on the phone while driving, and the penalties for violating the texting law are relatively minor; however, just because the law is not as strict does not mean that victims of distracted driving accidents cannot seek justice.
A skilled distracted driving accident attorney in Charleston can help you prove the at-fault party was texting and driving and build a strong case to hold the negligent driver accountable.
The Dangers of Distracted Driving
Distracted driving accidents can have devastating consequences for the driver and for others on the road. According to the Centers for Disease Control and Prevention (CDC), distracted driving kills approximately 3,100 people and injures 424,000 others yearly in the United States. The actual numbers may be higher, as determining whether distraction was a factor in an accident is often difficult.
In Charleston, busy roads and highways, such as I-26 and I-526, are common sites for distracted driving accidents. The combination of high speeds and dense traffic increases the likelihood of a serious or fatal crash when a driver is not paying full attention. Some of the most common types of accidents caused by distracted driving include:
- Rear-end collisions: When drivers are not paying attention to the road ahead, they may fail to notice that the traffic in front of them has slowed or stopped. This often results in a rear-end collision, which can cause whiplash, spinal injuries, and other serious harm to those involved.
- Intersection accidents: Distracted drivers are less likely to notice traffic signals, stop signs, or the movements of other vehicles at intersections. This can lead to T-bone or side-impact collisions, which often result in severe injuries due to the limited protection on the sides of most vehicles.
- Pedestrian and bicycle accidents: A driver who is texting or otherwise distracted may not notice a person crossing the street or riding in a bike lane until it is too late. In some cases, even a pedestrian could be at fault for a car accident if they are distracted and fail to exercise due care.
- Lane departure accidents: Distracted drivers often drift out of their lane or fail to notice when other vehicles are merging or changing lanes. This can result in side-swipe collisions or serious head-on crashes, particularly on two-lane roads or highways.
- Multi-vehicle crashes: A distracted driver can cause a chain reaction crash involving multiple vehicles in heavy traffic or high-speed situations. These accidents are often complicated, with numerous parties involved and varying degrees of fault, making it critical to know what a personal injury lawyer can do for your car accident claim.
Common Injuries in Distracted Driving Accidents
The injuries sustained in a distracted driving accident can range from minor to life-threatening. Regardless of the severity of your injuries, it is important to seek medical attention immediately following an accident because some injuries may not be immediately apparent but can have serious consequences if left untreated. Some of the most common injuries include:
- Whiplash
- Spinal cord injuries
- Head injuries
- Broken bones
- Internal injuries
- Cuts and bruises
Liability in Distracted Driving Accidents
Proving liability in a distracted driving accident can be challenging, but an experienced Charleston distracted driving accident attorney at Shelly Leeke Law Firm can help gather the necessary evidence to build a strong case.
A distracted driver can be liable for an accident if you can show that their negligence caused the crash. Some of the types of evidence that may be used to prove liability in a distracted driving accident include:
- Cell phone records
- Eyewitness testimony from passengers, other drivers, or bystanders
- Surveillance footage from nearby traffic or security cameras
- Data from vehicles’ event data recorders (EDRs)
- Police reports
In South Carolina, distracted driving accidents are typically considered under the legal theory of negligence. To prove negligence, you must demonstrate that the driver had a duty to operate their vehicle safely and responsibly, that they breached that duty by engaging in distracting activities, that the breach of duty directly caused the accident, and that you suffered damages because of the accident.
A qualified distracted driving accident lawyer in Charleston will work to establish these elements and seek maximum compensation on your behalf.
Contact a Personal Injury Lawyer at Shelly Leeke Law Firm Today
If you or a loved one is injured in a distracted driving accident, do not wait to seek legal help. Our Charleston distracted driving accident lawyers can evaluate your case, explain your legal rights, and fight for the compensation you deserve.
Contact us today to schedule a free consultation and take the first step toward justice.
