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Hit by a Distracted Driver: Your Rights and Options in South Carolina

Whether through texting, talking on the phone, eating, or adjusting the radio, distracted driving has turned into an epidemic on South Carolina roads. Anything that takes your mental focus off the hazards in front of you poses serious risks to everyone sharing the roadway. If you suffered injuries in an accident with a distracted driver, you may have legal grounds to claim compensation for your injuries. 

What Constitutes Distracted Driving in South Carolina?

South Carolina defines distracted driving as “an activity that diverts a person’s attention away from the primary task of driving.” Courts have interpreted these activities to include texting, using a cell phone, eating, and putting on makeup.

These distractions generally fall into three categories:

  • Visual distractions take your eyes off the road
  • Manual distractions take your hands off the wheel
  • Cognitive distractions take your mind off the task of driving

Texting involves all three categories, which makes it a particularly dangerous form of distracted driving.

What Should I Do Immediately After Being Hit by a Distracted Driver?

If a distracted driver crashes with you or your car and injures you, prioritize your health and safety by getting to a secure location and calling 911. If you can, take photos of the accident scene, vehicle damage, and any visible injuries.

Exchange contact and insurance details with the other driver, as well as with any witnesses. Notify your insurance company about the accident, but never admit fault or volunteer any information beyond what your insurance company asks.

How Can I Prove the Other Driver Was Distracted?

To claim compensation for the injuries you suffered in your collision, you need to prove that the other driver engaged in distracted driving. While it is possible, you will need several pieces of critical evidence: 

  • Cell phone records can show if the driver was texting or on a call at the time of the accident.
  • Witness statements can document whether the driver was looking down at a phone or engaging in other distracting activities before the collision. 
  • Video footage from traffic cameras, dashcams, or nearby security cameras might have captured the driver’s behavior. 
  • Black box data from the cars can show evidence of erratic driving patterns that may indicate distracted vehicle operation. 

If you succeed in your personal injury claim against the at-fault driver, the compensation you receive can cover your current and future medical expenses, the wages you forfeited while recovering from your injuries, the physical pain and emotional distress you experienced, and any fees to repair or replace your vehicle and other damaged property. 

How Can a Charleston Distracted Driving Accident Lawyer Help?

Experienced legal representation can make all the difference between a successful car accident claim and a medical bill you need to foot on your own. A seasoned car accident attorney in your area can gather all the available evidence, handle all communications with insurance companies, protect you from potentially damaging interactions, calculate all your damages, negotiate for a fair settlement that reflects your losses, and take your case to court if necessary.

Find Justice With Help From the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you suffered injuries in an accident with a distracted driver, turn to the experienced Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Call us at 843-727-6500 or fill out our online form for a free consultation. Our office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina allow us to serve victims throughout the state.

How can we help? Fill out the form for a free case review.

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