To receive compensation for a distracted driving accident, you must prove that the other driver’s inattention directly caused the collision. These cases often require evidence such as cell phone records, traffic camera footage, and witness statements. In some instances, accident reconstruction analysis may be necessary to establish negligence.
Under South Carolina’s modified comparative negligence rule, you can recover damages if you are less than 51% at fault for the accident, however, your compensation will be reduced by your percentage of fault.
Insurers may try to shift blame onto you and will attempt to minimize payouts – it’s how they make money. Having legal representation ensures your rights are protected and that you receive the maximum compensation possible.
This guide provides an in-depth look at distracted driving accidents, including the dangers of distraction, the legal implications in South Carolina, and how an attorney can help you navigate this challenging process.
Why Hiring a Lawyer After a Distracted Driving Accident is Crucial
Proving fault in a distracted driving case requires robust evidence, as distracted drivers rarely admit to their behavior. A skilled attorney is crucial in these cases because they know how to gather and present compelling evidence to demonstrate negligence.
This may include obtaining cell phone records to show usage at the time of the crash, reviewing traffic camera footage for visual proof, and working with accident reconstruction experts to recreate the events leading up to the collision. These efforts are essential to proving that the distracted driver’s actions directly caused the accident.
South Carolina’s modified comparative negligence rule adds another layer of complexity. Insurance companies often exploit this rule to argue that your actions contributed to the accident, even if the distracted driver was primarily at fault.
A lawyer will anticipate these tactics and counter them with evidence demonstrating that the distracted driver’s negligence was the primary cause.
Insurance companies frequently prioritize minimizing payouts over fairly compensating victims. Adjusters may attempt to downplay the severity of your injuries or push you to accept a low settlement offer.
Your attorney will advocate for your best interests, ensuring that all losses are fully accounted for, including medical expenses, lost wages, property damage, and pain and suffering.
By handling all communications with the insurance company, an experienced lawyer allows you to focus on recovery. They will build a strong case by documenting every aspect of your claim and using their expertise to secure the maximum compensation you deserve.
Types of Compensation You Can Pursue in South Carolina
If you’ve been injured in a distracted driving accident in Rock Hill, you may be entitled to compensation for:
- Medical Costs: Covering hospital stays, surgeries, and ongoing treatments.
- Lost Earnings: Compensation for time away from work and reduced earning capacity.
- Emotional and Physical Pain: Recovery for trauma and physical suffering caused by the accident.
- Property Repairs: Reimbursement for vehicle damage or replacement costs.
Distracted driving cases, particularly those involving texting, can result in significant compensation due to the dangerous nature of these distractions.
Texting while driving combines all three types of distractions—visual, manual, and cognitive—making it the most hazardous form of distracted driving. Evidence of texting can strengthen your claim and emphasize the other driver’s negligence.
South Carolina Distracted Driving Laws and How They Impact Your Case
In South Carolina, texting while driving is illegal, and novice drivers face additional restrictions on cell phone use. Despite these laws, distracted driving remains a leading cause of accidents.
South Carolina’s modified comparative negligence system determines compensation based on fault. If you are found less than 51% at fault, you can recover damages, but your compensation will be reduced by your percentage of fault. This system often leads to aggressive tactics by insurers to assign blame to victims.
To counteract these strategies, it’s essential to gather compelling evidence, such as cell phone records, traffic camera footage, eyewitness statements, and detailed police reports. These pieces of evidence can refute attempts to shift blame and demonstrate that the distracted driver was entirely at fault.
Distracted driving behaviors fall into three categories:
- Visual Distractions: Taking your eyes off the road.
- Manual Distractions: Removing your hands from the wheel.
- Cognitive Distractions: Letting your mind wander.
By identifying the type of distraction and linking it to the at-fault driver’s negligence, your legal team can build a strong case.
Steps to Take After a Distracted Driving Accident
Taking the right steps after an accident is critical:
- Get Medical Help: Seek medical attention immediately, even for minor injuries. Medical records can be vital evidence.
- Gather Evidence: Collect as much evidence as possible, including photos, witness information, and any available video footage.
- Establish Fault: Work with your attorney to prove the distracted driver’s negligence was the primary cause of the accident.
- Handle Insurance Negotiations: Allow your lawyer to manage communications with insurers to ensure fair treatment.
- Pursue Fair Compensation: Your attorney will fight to recover all damages, including medical expenses, lost wages, and pain and suffering
How an Attorney Can Make the Difference in Distracted Driving Cases
Distracted driving cases in South Carolina often involve proving negligence and navigating the state’s modified comparative negligence laws. An attorney can significantly impact the outcome of your case by providing the expertise needed to build a strong claim.
Understanding South Carolina Law
These cases require a thorough understanding of South Carolina’s specific laws, including the ban on texting while driving and the modified comparative negligence rule.
A skilled attorney knows how to interpret these laws to support your claim, identifying factors that can strengthen your case, such as restrictions on novice drivers or exceptions within texting laws.
Gathering Strong Evidence
Proving distracted driving requires robust evidence. An experienced attorney will:
- Subpoena cell phone records to show the at-fault driver was texting or calling during the crash.
- Obtain traffic camera footage as visual proof of distracted behavior.
- Collaborate with accident reconstruction experts to recreate the events leading to the collision.
- Interview eyewitnesses to confirm the at-fault driver’s actions.
This comprehensive approach ensures negligence is clearly demonstrated.
Countering Insurance Company Tactics
Insurance companies often seek to minimize payouts by shifting partial blame onto the victim or underestimating the severity of injuries. Attorneys counter these strategies by presenting strong evidence, negotiating assertively, and ensuring your claim reflects the full extent of your losses.
This includes medical bills, lost wages, pain and suffering, and property damage.
Building a Case for Trial
While many cases settle out of court, having an attorney prepared to go to trial can improve your chances of fair compensation. Attorneys meticulously document every aspect of your claim, file necessary legal motions, and present evidence effectively to a judge or jury if required.
Providing Guidance and Support
Beyond the legal process, a distracted driving accident can take an emotional toll. An attorney provides steady guidance, ensuring you understand your rights and helping you achieve the best possible outcome.
By combining legal knowledge, access to resources, and unwavering commitment, an experienced attorney becomes your strongest ally in seeking justice and rebuilding your life after a distracted driving accident.
Contact Auger and Auger Today
If you or a loved one has been injured in a distracted driving accident in Rock Hill, don’t delay in seeking legal help. At Auger and Auger, we bring over 30 years of experience advocating for accident victims across South Carolina.
We offer personalized support, listening to your concerns and creating a legal strategy tailored to your unique needs. With a proven track record, we’ve successfully handled distracted driving cases, helping clients secure the compensation they deserve.
From investigating the accident to negotiating with insurers and representing you in court, our comprehensive representation allows you to focus on recovery while we handle your case.
With our A&A Zero Fee Guarantee, you pay nothing upfront. You only pay if we win your case, ensuring access to high-quality legal representation without financial stress.
Our team is committed to helping you recover financially, emotionally, and physically after an accident. Let us fight for the justice and compensation you deserve.
Contact us today for a free, no-obligation consultation. Call or visit our Rock Hill office to discuss your case with our dedicated legal team.
Together, we’ll help you rebuild and move forward after a distracted driving accident.
