Distracted driving is dangerous driving. If a motorist gets distracted and causes an accident that leaves you injured, seek legal help. A Mt. Pleasant distracted driving accident lawyer can help you recover damages as part of a personal injury lawsuit.
The Shelly Leeke Law Firm has more than a decade of experience with personal injury cases. A Mt. Pleasant car accident lawyer from our team can assist you with your lawsuit. Contact us today to learn more.
What You Need to Know About Distracted Driving
A distracted driving accident is inexcusable. It is a motorist’s responsibility to take precautions behind the wheel and follow the rules of the road. If a driver takes their eyes off the road, they can cause a crash and be held responsible for it.
Following a distracted driving collision, an at-fault driver could try to blame you for the incident. Or, this motorist could encourage you not to call the police to report the crash. In either of these scenarios, you could miss out on an opportunity to recover compensatory damages from the liable party.
The Shelly Leeke Law Firm offers legal services and support to distracted driving crash victims and their families. Trust a Mt. Pleasant personal injury lawyer from our team to help you achieve optimal case results. Request a free case consultation with us.
How Much Time You Have to File a Mt. Pleasant Distracted Driving Accident Lawsuit
You may believe you have an unlimited amount of time to ask for damages from a liable party. However, the statute of limitations for submitting a distracted driving accident claim is limited. Per the South Carolina Code of Laws Section 15-3-530, the statute of limitations is three years.
A distracted driving accident lawyer in Mt. Pleasant can help you file your request for damages within a reasonable time frame. They could help you get compensation from the at-fault driver’s automobile insurance carrier. Your attorney can negotiate a settlement with an insurer on your behalf.
Unfortunately, a liable party’s insurance company will put its clients’ best interests above yours. If an insurer refuses to pay your claim, you have legal options. At this point, your Mt. Pleasant distracted driving accident attorney can submit your lawsuit and build an argument designed to prove to the court that you deserve maximum damages.
Damages You Can Ask for in Your Lawsuit
If you are wondering what are compensatory damages and which ones you can get in your lawsuit, consult with a distracted driving accident attorney in Mt. Pleasant. Your lawyer can provide details about economic and non-economic damages. They can explain how you may be able to receive compensation for these losses and many others:
- Expenses associated with repairing or replacing your car
- Medical bills
- Lost income
- Pain and suffering
- Loss of enjoyment
Your attorney can calculate your losses and put you in a position to secure fair compensation. They understand what is considered distracted driving and craft your argument accordingly. Ideally, your lawyer can share an abundance of evidence that makes it clear you are in no way at fault for your accident.
Proof You Can Use in Your Distracted Driving Crash Lawsuit
Your lawyer can teach you about the proof needed in a South Carolina personal injury claim. To strengthen your case, your attorney can gather evidence from a variety of sources. Evidence that could compel a judge or jury to rule in your favor includes:
- Accident scene photos and videos
- Traffic camera footage
- Medical records
- Pay stubs
- Witness statements
Proving a driver was distracted may seem impossible. Thankfully, your lawyer knows the ins and outs of the legal system. They can collect proof and use it as part of an argument that shows the defendant in your case was negligent and, as such, should be ordered to pay damages.
The Role of Negligence in Your Lawsuit
Your attorney can discuss how South Carolina’s negligence laws can impact claim value. They want to show that the defendant in your case had a duty of care, i.e., a legal obligation to avoid acts of carelessness and recklessness. Also, they will focus on proving that the defendant violated this obligation, which led to your accident and all associated losses.
Alternatively, the defendant could claim that you are partly to blame for your crash. They may present evidence to help disprove your argument. If the defendant is successful, you may only get a portion of the damages you initially requested or no compensation at all.
South Carolina has a comparative negligence law. With this, you can receive damages if you are partially responsible for a distracted driving accident but have them reduced by your percentage of fault. If you are more than 50% to blame for your crash, the court could hold you responsible for 100% of your losses.
When to Submit a Distracted Driving Wrongful Death Lawsuit
A family member dies in a distracted driving accident in which the other driver involved in the crash was responsible. This is a traumatic experience for you and your loved ones. You may have no idea how to proceed, but a Mt. Pleasant wrongful death lawyer can assist you during this difficult time in your life.
Your lawyer can describe how you can take legal action against the motorist who caused your loved one’s accident. As a family member of the deceased person (decedent), you may be eligible to submit a wrongful death lawsuit. Your attorney can help you determine if now is the right time to pursue damages.
If you file a wrongful death lawsuit, your lawyer provides comprehensive legal services and support throughout your litigation. They want you and your family to hold the liable motorist accountable for their actions and get damages from this individual. If you have concerns or questions as the legal process moves forward, your lawyer will respond to them promptly.
Work With a Mt. Pleasant Distracted Driving Accident Lawyer
The Shelly Leeke Law Firm has a proven track record of success in auto accident cases. Allow a distracted driving crash attorney from our team to guide you through the legal process. Schedule a free case consultation with us.
