Distracted driving is incredibly dangerous. If a motorist gets distracted and slams their car into yours, get medical care immediately. Within days of the incident, consult with a Denny Terrace distracted driving accident lawyer. From here, you and your attorney can hold the liable motorist accountable for your losses.
Shelly Leeke Law Firm brings more than a decade of legal experience to your distracted driving crash case. We can connect you with a Denny Terrace car accident lawyer who will give your case the attention it deserves. Schedule a free case consultation with us.
Why You Need Legal Representation After a Distracted Driving Car Accident
A distracted driving accident may seem minor at first. The other motorist involved may be responsible for your crash. You notify your auto insurance company about the incident, and the business works with the other driver’s insurer to determine who is at fault. Yet, the other motorist’s insurance carrier refuses to cover your losses.
Ultimately, a Denny Terrace personal injury lawyer makes a world of difference. They can negotiate with an at-fault motorist’s insurance company on your behalf. If no settlement is reached, your attorney can bring your case to trial. At this point, they help you prove to the court that you deserve 100% of the damages you are requesting.
The Shelly Leeke Law Firm team can teach you about the types of distracted driving. We can represent and advocate for you as you attempt to obtain compensation from the party responsible for your auto accident. Request a free case consultation with us.
When to File a Denny Terrace Distracted Driving Accident Lawsuit
The South Carolina Code of Laws Unannotated dictates the statute of limitations for personal injury claims. You have three years from the date of a distracted driving crash to sue a liable party. This window may not be extended. If it closes, you may be 100% responsible for your accident-related losses.
A distracted driving accident lawyer in Denny Terrace submits your lawsuit in alignment with South Carolina law. They know what is considered distracted driving and if you have grounds for a lawsuit. Your attorney handles your legal proceedings while you focus on your accident recovery. They provide case updates and remain accessible to address your legal questions.
Just because you submit a lawsuit does not mean your case will go to trial. The defendant has the option to offer a settlement at any point before your trial date. If you receive a settlement offer and believe it is fair, you can approve the proposal, which will close your case.
How Much a Distracted Driving Accident Lawsuit Is Worth
A distracted driving accident attorney in Denny Terrace shares details about what compensatory damages are and how much you could recover in compensation from an at-fault party. Your lawyer wants you to pursue economic and non-economic damages for many reasons, including:
- Medical bills
- Loss of income
- Costs to repair or replace your car
- Pain and suffering
- Emotional distress
The legal system offers no guarantees to distracted driving crash victims or their families. Your lawyer builds an argument to compel the court to rule in your favor. Alternatively, the defendant searches for ways to disprove your case. If they succeed, you could be awarded partial damages or no compensation at all.
The Role of Comparative Negligence in a Distracted Driving Accident Case
Your lawyer works hard to prove you are in no way to blame for your auto accident. They understand how South Carolina’s negligence laws impact claim value. If the defendant convinces the court you are partially to blame for a distracted driving collision, what you recover in damages may be reduced by your percentage of fault.
With comparative negligence, you may still get damages if you are 1-50% liable for a distracted driving accident. For example, a judge or jury rules you are 20% to blame for a crash involving a distracted driver. The defendant may have to pay 80% of your damages.
If you are primarily liable for an auto collision, you may be ineligible for damages. This is the case even if you and a distracted driver share the blame for an accident. Your lawyer wants to make it clear to the court that the defendant is solely responsible for your crash. They consider a wide range of evidence to craft an argument that will resonate with the court.
How to Prove a Driver was Distracted and Caused Your Accident
It is not enough to say that a motorist got distracted and should be held accountable for your crash. Your lawyer gathers accident scene photos and videos, witness statements, and other proof. They use their evidence to develop an argument that shows the following elements of negligence were present when your crash occurred:
- Duty of Care: A motorist has a legal obligation to follow the rules of the road and not do anything that could lead to unsafe driving.
- Breach of Duty of Care: This driver violated their legal obligation, as they became distracted and took their eyes away from the road.
- Causation: The driver’s actions led to an accident in which you were injured.
- Damages: You face quantifiable and subjective losses because of these actions.
In addition, your Denny Terrace distracted driving accident attorney considers the defendant’s evidence. They account for the defendant’s case and what they will do to contest your argument. This helps your lawyer counter any claims that the defendant makes against you. As a result, your lawyer may be well-equipped to prove that the defendant was negligent and should be required to pay you full damages.
Get Legal Help from a Distracted Driving Crash Lawyer Who has a Track Record of Success
Shelly Leeke Law Firm is empathetic to you and your family as you face the aftermath of a distracted driving accident.
We back our legal services and support with a no-win, no-fee guarantee. If we represent you in your auto accident case and you do not receive compensation, you do not have to pay us anything. Contact us for more information.
