If a distracted driver slams their car into yours, hold them accountable for their actions. Let a Goose Creek distracted driving accident lawyer help. They can guide you through the process of filing an insurance claim or personal injury lawsuit.
The Shelly Leeke Law Firm is a South Carolina personal injury law firm with more than a decade of experience. Meet with a Goose Creek car accident lawyer from our team. Contact us today to get started.
Why You Should Ask a Distracted Driver to Compensate You for Your Losses
Distracted driving is dangerous. If a motorist chooses to ignore safe driving, they can cause an accident in which you and other motorists and pedestrians can get hurt. Even worse, this collision can be fatal.
A Goose Creek distracted driving accident attorney makes it easy to take legal action against a negligent motorist. They can help you prove that a distracted driver ignored the rules of the road. If they succeed, you could get compensation you can use to cover your accident-related losses.
The Shelly Leeke Law Firm can put you in touch with a Goose Creek personal injury lawyer who will give your auto accident case the attention it deserves. Give us the opportunity to represent you in your distracted driving case. Schedule a free case consultation with us.
When to Submit a Goose Creek Distracted Driving Accident Claim
Generally, you have three years from the day of a distracted driving crash to ask for compensation from a liable motorist. A distracted driving accident lawyer in Goose Creek can help you with your claim. They can work with you to pursue compensation from this driver’s insurance company or directly from this individual.
Motorists must have automobile insurance if they live in South Carolina and own and operate a car in the state. Following your distracted driving collision, notify your auto insurance carrier. The business can open a claim and investigate your accident in conjunction with the other driver’s insurer.
Ideally, the other motorist’s insurance company covers your losses, but this is unlikely to happen. The insurer could dispute your claim or say you deserve less in compensation than what you actually deserve. Thankfully, your attorney can submit a lawsuit for you and help you achieve your desired case results.
What to Expect If You Sue a Distracted Driver
A distracted driving accident attorney in Goose Creek can walk you through the legal process associated with a lawsuit. Initially, they calculate your losses. They will encourage you to sue for economic and non-economic damages, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Costs of replacing or repairing your car
- Loss of enjoyment of life
Your lawyer understands the types of distracted driving and how to prove you should get damages. They craft your argument carefully. On top of that, they gather evidence to support your case.
Evidence You Can Use in a Distracted Driving Case
Your attorney can help you understand what is considered distracted driving and what it takes to prove a motorist broke the law. They can collect an abundance of evidence to strengthen your argument. Proof that could help you in your case includes:
- Accident scene photos and videos
- Witness statements
- Police report
- Traffic camera footage
Evidence has the potential to make or break your case. If you have plenty of proof, it becomes challenging for a liable party to dispute your case against them. On the other hand, if you lack sufficient evidence, an at-fault party may be well-equipped to argue that they should not be held responsible for your losses.
Proving Negligence in a Distracted Driving Case
Your lawyer can share a breakdown of negligence laws in South Carolina and their relationship to your case. It is not enough to say a motorist was driving while distracted and that they should be ordered to pay damages. To prove a driver was negligent, you must show that the following elements of negligence were present when your crash happened:
- Duty of Care: A motorist was legally responsible for paying attention to the road and doing things to avoid becoming distracted.
- Breach of Duty of Care: This motorist decided to look down at their cell phone, eat, or commit another act of carelessness or recklessness, became distracted, and violated their duty of care to you.
- Causation: Due to the motorist’s actions, they caused an accident.
- Damages: You have suffered quantifiable or subjective losses because of the driver’s actions.
You could have a compelling case that highlights how these elements were present. If so, the defendant could have concerns about your argument. These concerns may lead the defendant to propose a settlement that lines up with your expectations.
When You Can Found Partly Responsible for a Distracted Driving Crash
Your lawyer can share details about how South Carolina’s negligence laws can impact your claim value. This is based on the state’s comparative fault rule. With this, you can be found partly liable for an auto accident and get only a portion of the damages you request or no compensation, depending on your percentage of blame.
For example, a distracted driver crashes their car into yours, but you were speeding at the time of your crash. A judge or jury rules you are 20% to blame for your crash. If this occurs, you may get 80% of the compensation you requested.
Comparative negligence can keep you from recovering damages if you are more to blame than the other driver involved in your crash. In the above example, consider what can happen if you are found to be 51% at fault. At this time, you are primarily at fault and may be ineligible for getting damages.
Work with a Goose Creek Distracted Driving Crash Lawyer With a Track Record in Auto Accident Cases
The Shelly Leeke Law Firm is a proven choice for those in need of legal representation after a distracted driving collision. Tell us about your auto accident case, and we are here to assist you in any way we can. Request a free case consultation with us.
