A distracted driver’s split-second decision can change your life forever, leaving you with painful injuries and unexpected financial burdens. With 10+ years of advocating for the community, our firm has built a reputation for standing up for accident victims.
A Forest Acres distracted driving accident lawyer with Shelly Leeke Law Firm understands the challenges you face. A Forest Acres car accident lawyer with our firm is ready to fight for the compensation you deserve while holding the responsible party accountable.
Causes of Distracted Driving Accidents in Forest Acres
If another driver was not paying attention and caused your accident, you are not alone. Distracted driving accidents happen when drivers take their focus off the road, even for a few seconds.
Texting, adjusting in-car controls, eating, or interacting with passengers can lead to devastating crashes because distracted drivers fail to react in time to avoid collisions.
Visual Distractions that Lead to Crashes
Taking your eyes off the road for even a moment puts you at risk. Reading a text, checking GPS directions, or glancing at other vehicles can cause you to miss traffic signals, stopped cars, or sudden road hazards.
Your Forest Acres personal injury lawyer has handled cases where these distractions led to rear-end crashes, dangerous lane departures, and high-speed collisions.
Manual Distractions that Affect Vehicle Control
When a driver takes their hands off the wheel, they lose control of the vehicle. Adjusting the radio, eating, or reaching for objects makes it harder to steer, react, or brake in time to prevent a crash. Even a split-second distraction can be enough to cause a severe accident.
Cognitive Distractions that Impair Driver Focus
Not all distractions are physical. Your mind can be somewhere else while you are behind the wheel. Talking to passengers, daydreaming, or driving under emotional distress can make it harder to react to traffic conditions. When a driver is mentally distracted, they may miss stop signs, ignore red lights, or fail to see pedestrians crossing the road.
Distracted Driving Laws and Liability in South Carolina
South Carolina has strict distracted driving laws designed to keep roads safe and prevent accidents caused by driver inattention. Violating these laws can lead to fines, points on a driver’s license, and increased liability in accident claims. Your Forest Acres personal injury lawyer can use the following violations to establish fault and strengthen your case for compensation:
- South Carolina Texting While Driving Law – Under South Carolina Code § 56-5-3890, it is illegal to text, check emails, or otherwise use a wireless electronic device while operating a vehicle in South Carolina. A driver caught texting behind the wheel can be fined, and the violation may be used as evidence of negligence in an accident claim.
- Handheld Device Restrictions for Commercial Drivers – Under the Federal Motor Carrier Safety Administration (FMCSA) 49 CFR 392 Subpart H, commercial drivers are prohibited from using handheld devices while driving. If a truck or bus driver causes a crash while distracted, they may face severe penalties and civil liability for injuries.
- Failure to Maintain Lane Law – Under South Carolina Code § 56-5-1900, drivers who drift out of their lanes due to distraction can be cited for failure to maintain control of their vehicle. This violation often occurs when drivers are using a phone, adjusting controls, or reaching for objects.
- Reckless Driving Statute – Under South Carolina Code § 56-5-2920, any distracted driving behavior that endangers others can lead to a reckless driving charge. This includes excessive speeding, running red lights, or swerving while using a phone.
- Negligence Per Se in Traffic Violations – Under South Carolina Code § 56-5-730, violating traffic laws, including those related to distracted driving, can automatically establish negligence in a civil claim. This means a driver who broke a law before an accident may be held liable for damages.
When a driver violates these laws, it can significantly impact fault determinations in an accident claim. Insurance companies often consider these violations as proof of reckless behavior, which can lead to larger settlements for injured victims. Your lawyer will use these laws to hold distracted drivers accountable and maximize your compensation.
Proving Liability in a Distracted Driving Accident Claim
Proving that a driver was distracted at the time of the accident is critical to establishing fault. Strong evidence, such as phone records, police reports, and witness statements, can show that the other driver was not paying attention.
Our team will gather and analyze this evidence to build a powerful claim on your behalf.
Powerful Evidence Used to Prove Distracted Driving
Certain types of evidence can clearly show that a driver was distracted before a crash. Cell phone records can reveal if the driver was texting or making calls at the time of impact. Surveillance footage from nearby businesses or dash cameras may capture the driver looking away from the road, providing visual proof of distraction.
Other forms of evidence, such as witness testimony and traffic camera footage, can further support a claim. If bystanders saw the driver using a phone, eating, or engaging in another distracting behavior, their statements can strengthen the case. Accident reconstructions may also demonstrate how the driver’s inattention contributed to the crash, helping prove negligence.
The Burden of Proof in Distracted Driving Accident Claims
To recover compensation, you must prove that the other driver was negligent and caused your injuries. In distracted driving cases, negligence is established by showing that the driver failed to exercise reasonable care behind the wheel. This means proving that their distraction directly led to the accident and your resulting damages.
South Carolina follows a modified comparative negligence rule under South Carolina Code § 15-38-15, which means you can only recover damages if you are less than 51% responsible for the accident. If you are partially at fault, your compensation may be reduced based on your percentage of liability.
Your Forest Acres distracted driving accident attorney from Shelly Leeke Law Firm will work to prove that the other driver’s inattention was the primary cause of the crash, ensuring that you receive the compensation you deserve.
Your Distracted Driving Accident Lawyer in Forest Acres is Ready to Help
When a distracted driver causes harm, you should not have to carry the financial burden alone. Your distracted driving accident attorney in Forest Acres with Shelly Leeke Law Firm is prepared to investigate your claim, gather critical evidence, and seek the full compensation you deserve.
Take the next step by reaching out by phone or through our contact form for help today.
