You expect a motorist to prioritize safety in the same way you do every time you get behind the wheel. However, a driver gets distracted, crashes their car into yours, and causes you to get hurt.
At this point, work with a Greenville distracted driving accident lawyer to hold this driver accountable for their negligence.
With over a decade of legal experience, the Shelly Leeke Law Firm will assist you with your distracted driving accident case. Our Greenville car accident lawyer is available to discuss your case and examine your legal options. Contact us to get started.
Liability in a Distracted Driving Accident Case
A distracted driver could blame you for an accident in spite of the fact that you followed the rules of the road. If this happens, partner with a Greenville distracted driving accident attorney. Together, you and your Greenville personal injury lawyer can review the facts of your accident and figure out who is liable.
The other driver involved in your accident may be liable. Yet, there are times when a government entity, mechanic, or another party is at fault for a car accident. There are also instances when multiple parties contribute to an auto accident.
If you want help with your auto accident case, the Shelly Leeke Law Firm is here for you. We can answer questions about how car accident settlements are paid and other topics relating to your case. For more information, reach out to us.
Proving Negligence in a Distracted Driving Accident Case
A distracted driving accident lawyer in Greenville can provide a breakdown of negligence laws in South Carolina and how they apply to your case. To get compensation in your lawsuit, you will have to show a liable party was negligent. This requires you to prove the following elements of negligence were present when your distracted driving accident took place:
- Duty of Care: A party was legally responsible for complying with the law.
- Breach of Duty of Care: This party ignored their duty of care.
- Causation: The party’s actions resulted in your accident and injuries.
- Damages: You are forced to deal with economic and non-economic damages due to the party’s actions.
Saying someone else is responsible for your accident is insufficient. You are responsible for the burden of proof. If you have a wealth of evidence, you may compel a judge or jury to award you 100% of the compensation you are requesting in your lawsuit.
Damages You Can Request in a Distracted Driving Accident Lawsuit
A distracted driving accident attorney in Greenville can explain compensatory damages and how you can recover compensation for your economic and non-economic losses.
Your lawyer will calculate your quantifiable and subjective damages. They will encourage you to ask for damages for many reasons, including:
- Medical bills
- Emotional trauma
- Vehicle repairs or replacement
- Income loss
- Loss of enjoyment
- Pain and suffering
To receive damages, you must prove an at-fault party was negligent. If you are found to be in any way liable for your car accident, you may only get a portion of the damages you initially sought. Or, if a judge or jury finds you to be primarily liable, you may be ineligible to recover damages.
How Comparative Negligence Can Impact the Damages Awarded in Your Distracted Driving Accident Lawsuit
The South Carolina Contribution Among Tortfeasors Act makes it possible for two or more parties to share the blame for a car accident. For example, a driver could get distracted and slam their car into yours. Meanwhile, you may have been speeding, and you may be partly to blame for the accident.
You can still get damages if you are 1-50% liable for an auto accident. In this instance, what you get in damages if you are partially liable is reduced by your percentage of fault. If you are more than 50% at fault, you may not get any damages.
Before you file your lawsuit, your attorney can provide insights into how South Carolina’s negligence laws impact claim value. They will look for ways to prove you should be awarded full damages. Your attorney may consider a wide range of proof to support your argument.
Evidence You Can Use in a Distracted Driving Accident Lawsuit
Ultimately, preserving your evidence at the scene of your accident has far-flung effects. If you have photos, videos, and other proof from the accident scene, this evidence could help you convince a judge or jury to award you damages. In addition to at-the-scene evidence, proof you can use in your case against a liable party can include:
- Medical records
- Witness statements
- Police reports
- Footage from traffic cameras
- Driver cell phone records
You and your lawyer can gather evidence from a wide range of sources. With each piece of proof you collect, you strengthen your case. Your body of evidence may lead the defendant in your lawsuit to offer a settlement that aligns with your expectations.
Resolving a Distracted Driving Accident Case
Your lawyer can give you details about how a personal injury settlement is determined. In your case, an at-fault party or their insurance company could propose a settlement. You have the option to decline, approve, or counter this offer.
Instead of rushing to make a decision about a settlement, consider your options carefully. Your attorney can walk you through what can happen with any decision you make on an offer. They can explain what a proposal entails, helping you make an informed decision about it.
You deserve compensation you can use to cover your accident-related losses. If a settlement does not give you enough money for these, it may be best to decline it. From here, you and your attorney can keep looking for ways to improve your argument.
Get Legal Help from a Distracted Driving Accident Lawyer Who Has a Track Record of Success
The Shelly Leeke Law Firm wants to help you move forward from your distracted driving accident. We can help you file a lawsuit against any liable parties and seek the most damages possible. Schedule a free case consultation with our legal team.
