Distracted drivers make the roads more dangerous for everyone. Accidents caused by these drivers are totally preventable but continue to cause significant damage. Victims are left with physical and emotional injuries and experience serious financial distress because drivers choose to multi-task rather than focus on operating their vehicles safely.
You are not without recourse if injured by a distracted driver. A South Carolina car accident lawyer from Shelly Leeke can help you fight for justice.
Connect with a South Carolina distracted driving accident lawyer from our team to get the exceptional legal representation you need. Our many satisfied clients attest to our professionalism, compassion, and legal skills, and we are ready to offer those same benefits to you.
Distracted Driving Explained
Operating a vehicle requires physical and mental attentiveness. Physically, drivers must keep their hands on the steering wheel, their eyes on the road, and their feet on the pedals.
Mentally, drivers must stay focused on making safe driving choices and stay alert to potential surprises–an unexpected obstacle on the road or a bad judgment call by a driver or pedestrian– that demand an immediate accident-preventing reaction.
Distracted driving occurs when drivers do not maintain the necessary physical or mental attentiveness, and it always carries dangerous potential.
The South Carolina Department of Public Safety (SCDPS) explains, “A distraction is anything that takes your attention away from driving,” and drivers taking their eyes off the road or their hands off the wheel or falling into mental activities that take their minds off vehicle operation are all examples of distracted drivers. The Department furthers cautions, “distracted driving can cause collisions, resulting in injury, death, or property damage.”
Texting and driving is what most people think of as distracted driving, and that behavior is particularly common and dangerous. That said, the list of possible distracted driving behaviors is long and varied. It includes, among many others:
- Eating or drinking.
- Adjusting climate or music controls.
- Enjoying scenery.
- Having an intense discussion.
- Addressing the needs of child passengers.
- Applying makeup.
- Mentally “reliving” an emotional episode.
- Adjusting a navigation system.
Distracted Driving Is Unlawful
Under South Carolina Code Code §56-5-389, it is unlawful for drivers to use wireless communication devices to “compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways.”
The National Highway Traffic Safety Administration (NHTSA) explains that transmitting or reading a single text takes a driver’s eyes off the road for five full seconds, the equivalent of driving the length of a football field with eyes closed when traveling at 55 miles per hour.
Though cell phone use is not banned entirely for South Carolina drivers, there are still many situations when hands-free devices lead to distracted driving.
Ultimately, the legal burden is on drivers to operate their vehicles safely and avoid any distractions or other dangerous behaviors when driving. The SCDPS emphasizes this obligation, reminding drivers that “You are responsible for operating your vehicle in a safe manner.”
This duty is codified in South Carolina Code §56-5-3230, which states, “…every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle…”
A South Carolina distracted driving attorney can help if you have been hurt by a negligent driver. The team at Shelly Leeke will investigate your accident circumstances, working to gather proof of the other driver’s distraction. Then, we will fight to hold that driver accountable for paying you substantial compensation.
Distracted Driving Is a Widespread Problem
Unfortunately, distracted driving is prevalent. Statistics from the South Carolina Department of Insurance (SCDOI) show that distracted driving leads to two crashes per hour and has been a factor in 18,936 accidents over the past year.
NHTSA Traffic Safety Facts show that for a recent year, distracted driving comprised 11% of all motor vehicle crashes reported to law enforcement and led to:
- 8% of deadly traffic crashes.
- 12% of injury-causing traffic accidents.
- 3,308 fatalities, and of that number, 621 were pedestrians and bicyclists or other non-vehicle occupants.
- 289,310 injuries
IIHS Statistics
The Insurance Institute of Highway Safety (IIHS) collected data on driver behaviors. Combined observational and self-reported data showed:
- 6.4% of drivers spoke on hand-held or hands-free devices.
- 3.1 of drivers manipulated hand-held devices.
- More than 20% of respondents reported “engaging in at least one smartphone-based distraction,” such as watching videos or using social media.
- Those who use cell phones more frequently when driving may be riskier drivers overall.
NSC Statistics
A National Safety Council (NSC) report highlights the dangers of distracted driving in parking lots. According to the NSC, “tens of thousands” of accidents occur in parking lots, with distracted driving contributing to many of them.
Results from their public opinion poll showed 66% of drivers said they would make calls when traveling through parking lots and engage in other cell phone behaviors:
- Program navigation systems: 63%.
- Text: 56%.
- Engage on social media: 52%.
- Compose or read emails: 50%.
- Take pictures or watch videos: 49%.
What to Do if You Are Hit by a Distracted Driver
After any motor vehicle accident, protecting your health is paramount, so always seek medical attention within a few hours–a day at most–even if you do not require emergency care.
Calling law enforcement and preserving your accident evidence at the scene are also important steps. Once you have taken these measures, connect with a distracted driving accident attorney in South Carolina from Shelly Leeke as soon as possible.
Strong evidence is the backbone of a successful car accident claim, and our team has the resources and know-how to find and present that evidence. We know how to prove the at-fault party was texting and driving or how to look for other proof of distraction if another scenario applies.
A timely partnership also allows us to file your legal claim with the court within South Carolina’s three-year statute of limitations, established in SC Code §15-3-530.
Holding Distracted Drivers Accountable
If a distracted driver causes you harm, you deserve compensation, and Shelly Leeke is here to help you get it. A distracted driving lawyer in South Carolina will fight to hold the negligent driver responsible for your financial, physical, and emotional losses.
We are ready to get to work for you and send a message that distracted drivers will be held accountable for the damage they cause.
