843-479-2865
Have you or a loved one been seriously injured because the other driver was not paying attention? Distracted driving is one of the top causes of serious vehicular accidents and fatalities. When we handle a serious personal injury lawsuit, we work hard to see that you fairly recover all lawful damages to compensate you for medical expenses, time away from work, loss of quality of life, and other actual damages as well as punitive damages.
Phoning And Texting While Driving
Many drivers seem to think they are natural multi-taskers. In addition to driving their vehicle, they engage in a host of activities:
- Eating a drippy sandwich
- Texting or talking on a cellphone
- Holding a debate with other passengers
- Personal grooming
- Disciplining their children
- Driving with an icy windshield
- Fishing for coins in the ashtray
- Pouring coffee from a thermos
- Opening a roadmap across the steering wheel
- Entering information into the GPS
- Changing the CD in the player
All this would be amusing except that the car weighs a ton and is barreling down the highway at 55 mph. Distracted driving ranks only after alcohol among the top causes of serious traffic accidents.
Fiddling with a cellphone is especially discouraged. Text messages, instant messages, email and Internet downloading are extremely dangerous and reckless actions while operating a motor vehicle. The only exceptions are for emergency personnel and drivers responding to emergencies. If you have to text, pull over to the side of the road.
FAQs About Distracted Driving Accidents
Distracted driving is a virtual epidemic in this nation – and there are no signs that it is about to change, despite all the official efforts to get drivers to focus. Here are the answers to some common questions:
What is considered distracted driving?
Any activity that pulls a driver’s attention away from the road is considered distracted driving. In general, distractions can be manual (such as reaching for the radio buttons), visual (such as glancing at the map on a GPS device) or cognitive (such as getting lost in conversation with a passenger). Some activities, like those involving the use of cellular devices, combine all three modes of distraction and really put both the distracted driver and others at serious risk of harm.
How can I prove that the other driver was distracted at the time of the accident?
Sometimes drivers will admit that they were distracted. They may say, “I just glanced at my GPS for a second!” or something similar. In other cases, cell phone records, traffic cam footage, vehicle data that indicates a driver failed to take evasive action and witness testimony can all be useful and help prove distraction. An experienced attorney knows how to obtain evidence that will support your claim that the other driver was distracted.
How long do I have to file a lawsuit for a distracted driving accident in South Carolina?
South Carolina law generally gives you three years from the date of the accident to file a lawsuit for your damages. However, it is better to act much sooner, since that is the best way to make sure that important evidence is preserved. Early negotiations can also give you a chance to see if the other party is willing to be reasonable, and many claims are resolved without the need for an actual lawsuit.
Are there any laws specifically targeting cellphone use while driving in South Carolina?
Yes. Texting while driving is illegal in South Carolina per SC Code Section 56-5-3890, with a few exceptions, such as when using voice-to-text technology or asking for emergency assistance. However, there is no current prohibition on using a cellular device to make a phone call while driving.
Statewide Campaign Against Foolish And Reckless Driving
The law in South Carolina acknowledges the danger posed by distracted driving and allows those injured by distracted driving to sue to recover for their losses and damages.
When you need an effective distracted driving lawyer, call Douglas Jennings Law Firm, LLC, in Bennettsville, South Carolina, at 843-479-2865 or toll-free 800-639-8078. You may also write to our attorneys using this online form. We are eager to hear your story.