Distracted drivers put everyone on South Carolina’s roads at risk. Driving is not just a practical way to get from one place to another. It is a serious responsibility, and vehicle operators seem to forget they are in charge of powerful machines that can inflict devastating damage when not controlled properly.
When a distracted driver hurts you, a Walterboro car accident lawyer from Shelly Leeke can help you hold that driver accountable and work to get you just compensation for your damages.
Our team has secured six and even seven-figure settlements or verdict awards for our clients, and we are ready to get to work for you. Reach out to a Walterboro distracted driving accident lawyer for the dedicated, effective representation you need.
Get Legal Representation You Can Depend On
There is no reason for you to settle for less or have to deal with the frustrating communication with insurance companies and other involved parties after an accident.
Instead, reach out to Shelly Leeke, and you will quickly discover what a Walterboro personal injury lawyer can do for your car accident claim. A distracted driving accident lawyer in Walterboro can handle conversions with the insurance agent and all the legalities of your case.
File Appropriately
You must file your accident claim within the three-year legal deadline established by South Carolina Code §15-3-530. Timely filing protects your opportunity to hold the at-fault party legally accountable for damages through a court trial if you cannot reach a settlement agreement through negotiations.
To collect, you must prove the at-fault party’s negligence–distracted driving, in this case–caused your accident and resulting damages.
To discover the at-fault party and collect needed evidence to prove their negligence, your attorney will carry out a post-accident investigation. But investigations take time. A prompt legal partnership affords that time and allows for filing well within the deadline.
Prove the Claim
The burden of proof is on plaintiffs–the victims–in personal injury cases. You must prove the at-fault party was legally obligated to protect your safety, failed to fulfill that obligation, that failure led to your accident, and that your accident cost you quantifiable damages.
An experienced and resourceful distracted driving accident attorney in Walterboro will get to work compiling evidence to prove these elements.
When you partner with us right away, your attorney can collect evidence before it goes missing and speak to witnesses before their memories fade. Your lawyer will also consult with your doctors, caregivers, and other relevant parties or experts when assessing your losses and future needs. Based on this evidence, your attorney will calculate a settlement demand and send it to the at-fault party’s representatives.
Secure a Settlement
In a best-case scenario, the at-fault party’s representatives may agree to your settlement demand. More likely, they will respond with a lower offer (a counteroffer), prompting another response from your attorney. These negotiations may continue until both sides agree on a satisfactory amount.
If negotiations do not proceed productively–sometimes the at-fault party uses tactics to stall talks or delay a payout–you may choose to go to court. You can depend on the team at Shelly Leeke for effective, strategic representation at each court proceeding. We are prepared to fight for you whatever course your case takes.
Distracted Driving Is a Problem in South Carolina
Distracted driving is an unfortunately common practice. The most recent data available from the South Carolina Department of Insurance (SCDOI) shows distracted driving causes two crashes every hour. Over a year, the behavior contributed to 18,936 crashes.
More recent information from the National Highway Traffic Safety Administration (NHTSA) shows that over one year, distracted-affected driving caused:
- 8% of fatal crashes.
- 12% of injury-causing accidents.
- 11% of police reported motor-vehicle accidents.
- 3,308 deaths, 621 representing non-vehicle occupants such as pedestrians and cyclists.
- 289,310 injuries.
Many people think of distracted driving as texting while driving. And that is one of the more common versions of the behavior. But distracted driving encompasses much more–eating, drinking, changing the temperature, arguing, gazing at scenery, attending to small children–anything that takes the driver’s attention from operating the vehicle is a distraction, and dangerous.
South Carolina Distracted Driving Laws
Distracted driving is always unsafe, and some versions of it have been declared illegal under South Carolina law. The South Carolina Department of Public Safety (SCDPS) explains physical activities, taking your hands off the wheel or eyes off the road, and mental activities, taking your mind off driving, must be avoided, reminding drivers, “You are responsible for operating your vehicle in a safe manner.”
It also cites SC Code §56-5-3890, which makes it unlawful for drivers to use a “wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways.”
While South Carolina law does not ban the use of cell phones entirely, there are still plenty of times when hands free devices lead to distracted driving. And the SCDPS highlights the legal responsibility all drivers have to others on the road.
Every driver is legally obligated to practice behaviors promoting road safety and avoid behavior decreasing that safety.
Connect with a Walterboro distracted driving accident attorney after your car accident. Your attorney will analyze the causes of your accident through a careful investigation. If the other party’s distraction–or other failure–contributed to your situation, your lawyer will fight to get you compensated.
The Value of a Car Accident Claim
Many victims ask, “What is the average car accident settlement?” We cannot responsibly provide an average amount as every case is unique, and its unique factors affect what the case is worth. These factors include:
- The severity of your injuries
- The extent of your property damage
- The long-term effects of your injuries on your physical, emotional, and financial well-being
- The extent of the other driver’s negligence
- How much fault, if any, do you hold for the accident
- Your income
Without predicting an amount, we can assure you that your attorney will fight to recover or acknowledge your:
- Medical costs
- Future medical care needs
- Income lost while recovering
- Future income and benefits lost, if injuries prevent you from returning to employment
- Property damaged or destroyed
- Pain, disfigurement, diminished physical or cognitive abilities
- Emotional trauma
- Damage to your quality of life
Our Focus Stays on Justice
A distracted driver may have caused your accident, but our focus will remain steadfast on getting you justice. Our team is dedicated to protecting the rights of accident victims. We are ready to get you maximum compensation for your losses.
