You pay attention when you are driving your car, but another driver chooses not to do the same. If a distracted driver causes an accident and you suffer injuries as a result of their actions, seek legal help. Have an Orangeburg distracted driving accident lawyer help you request compensation from this liable party or their insurance carrier.
The Shelly Leeke Law Firm has more than 10 years of experience with personal injury lawsuits. Let an Orangeburg car accident lawyer evaluate your distracted driving accident case. Contact us today to get started.
What it Means to Drive While Distracted
It is a driver’s responsibility to take the rules of the road seriously. If a motorist is looking down at their phone or doing things outside of focusing on traveling safely, they are distracted. Thus, this motorist puts other drivers and pedestrians in danger.
If you are involved in a distracted driving accident in which the other driver slammed their car into yours, you could get compensation for your losses. You may be able to prove that the other driver was distracted. An Orangeburg distracted driving accident attorney could help you do just that.
The Shelly Leeke Law Firm can teach you about distracted driving and the dangers associated with it. Our Orangeburg personal injury lawyers can provide insights into what is considered distracted driving and if you have grounds for pursuing compensation from anyone liable for your auto accident. Request a free case consultation with us.
When to File an Orangeburg Distracted Driving Accident Claim
A distracted driving claim is a viable option if you are involved in a car accident in which the other motorist was negligent. You can inform your car insurance company about your collision. Next, your insurer can connect with the other driver’s insurance company, and the businesses can determine who is at fault for your accident.
In one of the best-case scenarios, the other motorist’s insurance company takes responsibility for your losses. Unfortunately, this is unlikely to happen. A distracted driver’s insurance company could dispute your claim or offer a lowball settlement.
A distracted driving accident lawyer in Orangeburg can negotiate with a liable party’s insurance carrier for you. They are familiar with the different types of distracted driving and will work hard to help you get adequate compensation for your losses. If no settlement is reached with an at-fault party’s insurer, your lawyer may encourage you to sue for damages.
How Much Your Distracted Driving Accident Lawsuit is Worth
A distracted driving accident attorney in Orangeburg wants you to ask for economic and non-economic damages. What you request in compensation depends on your losses. You may be eligible for compensation for various reasons, such as:
- Auto repair or replacement costs
- Lost income
- Medical bills
- Pain and suffering
Your lawyer can explain the difference between distracted driving and inattentive driving relative to your case. They can prepare an argument designed to show a judge or jury that maximum damages should be awarded. To validate your case, your attorney can collect evidence.
Evidence that Can Be Used in Your Distracted Driving Crash Case
A distracted driver could claim that they were focused on safe travel at the time of your accident. Regardless, you may submit evidence that disproves this motorist’s claim. Evidence that could help you win or settle your distracted driving collision case includes:
- Accident scene photos and videos
- Witness statements
- Traffic camera footage
- Medical bills
- Pay stubs
Your evidence has the potential to help you resolve your case outside of the courtroom. For example, you have an abundance of proof, and the defendant in your lawsuit has concerns about your evidence’s strength. These concerns could prompt the defendant to offer a settlement that lines up with your expectations.
Proving Negligence in Your Distracted Driving Accident Case
Your lawyer wants to make it clear to a judge or jury that you are not liable for your auto accident. They can share evidence that can help you confirm that the other driver was distracted. Your proof can highlight how the following elements of negligence were present at the time of your crash:
- Duty of Care: The defendant was legally obligated to comply with laws to protect you and other motorists and pedestrians.
- Breach of Duty of Care: The defendant chose to ignore their legal obligation to others, as they became distracted while driving.
- Causation: Because the defendant was distracted while driving, they caused your accident.
- Damages: The defendant’s actions directly correlate to the losses you have incurred in your crash.
Your attorney can give you a breakdown of negligence laws of South Carolina and answer any questions you have about them. While your lawyer focuses on proving negligence, the defendant and their attorney consider ways to contest your case against them. They may even try to prove that you are partially to blame for your accident.
How Partial Fault Can Impact Your Case
Your lawyer can provide details about how South Carolina’s negligence laws can impact your claim value. If you are partially liable for your auto accident, a judge or jury can reduce your damages by your percentage of fault. In a situation where you are primarily to blame, you may not be able to get damages.
For instance, a judge or jury says the other driver was distracted but you are still 20% liable for your auto crash. As such, the defendant in your case may have to pay some — but not all — of your damages. The defendant may be ordered to cover 80% of your losses.
Now, consider what can happen if a judge or jury says you are 51% responsible for your auto collision. In this scenario, you are more to blame for the crash than the defendant. Therefore, you may be barred from getting damages.
Partner with an Orangeburg Distracted Driving Collision Lawyer
The Shelly Leeke Law Firm offers legal services and support to distracted driving accident victims and their families.
Tell us about your distracted driving crash, and we will help you in any way we can. Speak to our team today.
