Car accidents caused by distracted driving have become a serious public health problem in South Carolina. According to the S.C. Department of Public Safety, distracted driving was a contributing factor in 13,964 accidents in 2019, resulting in 37 fatalities and 6,591 injuries. If you or a loved one has been injured in a distracted driving accident in South Carolina, it is important to understand your legal rights and the state’s personal injury laws.
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What Constitutes Distracted Driving?
Distracted driving is defined as any activity that takes a driver’s focus away from the road. Common examples of distracted driving include:
- Texting or using a cell phone
- Eating or drinking
- Grooming
- Adjusting the radio, navigation system, or other controls
- Talking to passengers
- Daydreaming or being lost in thought
Under South Carolina law, it is illegal to text or use a handheld device while driving. Violators can face fines, license points, and other penalties.
Filing a Personal Injury Claim
If you have been injured in a distracted driving accident in South Carolina, you may be able to file a personal injury claim against the at-fault driver. To do so, you will need to prove that the other driver was negligent or reckless, and that their actions caused your injuries and damages.
To build a strong case, it is important to gather evidence such as:
- Police report
- Medical records
- Witness statements
- Photos and videos of the accident scene
- Cell phone records (if the other driver was using their phone)
Working with an experienced personal injury lawyer can help you collect this evidence and negotiate with insurance companies to reach a fair settlement.
Contributory Negligence in South Carolina
South Carolina operates under a contributory negligence system. This means that if you are found to be even partially at fault for the accident, you may not recover damages from the other driver. For example, if you were texting while driving and the other driver ran a red light, you may be found 50% at fault for the accident and therefore unable to collect damages.
Damages Available in Personal Injury Cases
If you are able to prove that the other driver was solely or mostly at fault for the accident, you may be eligible for a variety of damages. These can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death (if a loved one was killed in the accident)
It is important to note that South Carolina has a statute of limitations for personal injury claims. You generally have three years from the date of the accident to file a claim. Failure to do so may result in your case being dismissed.
Contacting a Personal Injury Lawyer
If you or a loved one has been injured in a distracted driving accident in South Carolina, it is important to protect your legal rights. An experienced personal injury lawyer can help guide you through the legal process and fight for the compensation you deserve. Contact a lawyer today to schedule a consultation and learn more about your options.