Distracted driving accidents have long been a menace on our South Carolina roads. In recent years, these kinds of accidents have received a lot of infamy for their association with careless cell phone usage by drivers.
Distracted driving accidents can raise the wrath of both the public and injured party given how preventable these accidents are. Distracted driving can easily result in an accident that leaves other parties involved with debilitating injuries, or worse.
If you or somebody close to you has been the victim of a South Carolina distracted driving accident, our McCormick distracted driving accident lawyers at Ayers, Smithdeal & Bettis can advocate for you. We are empathetic and promise to treat you with courtesy and respect all step of the way as we help you get the compensation and benefits you deserve.
Ayers, Smithdeal & Bettis, P.C. Attorneys at Law have over 25 years of experience and are more than capable of dealing with your distracted driving claim. We are only concerned about getting the best possible outcome for you. You can get in touch with our McCormick distracted driving accident lawyers at 855-213-4405 to get a complimentary consultation and case review!
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What Is Distracted Driving?
The NHTSA describes distracted as any action that turns attention away from the task of driving. Some of these possibly dangerous actions include texting or talking on the phone, drinking and eating, checking on your little one in the backseat, and adjusting the navigation or entertainment system among other non-driving activities.
Types of Distracted Driving include:
Visual: These types of distractions will redirect the eyes of the driver from the road.
Manual: These types of distractions will see the driver physically move their position or body part in order to do another action unrelated to driving or handling the steering wheel.
Cognitive: Driving requires absolute concentration. Cognitive distraction will see the driver’s mind wander off or can involve the brain trying to multitask. Studies have proven that human beings can only concentrate on one thing at a time.
All in all, distracted driving is deadly.
Laws Regarding Distracted Driving in South Carolina
The best way to guarantee safety while on the road is always dedicating your undivided attention to the task of driving. It’s crucial to understand what the law says about distracted driving to keep away from making unlawful decisions while on the road that put others and yourself in peril.
Distracted driving fall under the purview of careless driving. Texting and driving is illegal under South Carolina’s distracted driving legislation. Nevertheless, it is currently not against the law to operate a cellphone to make calls behind the wheel.
South Carolina Texting While Driving Ban
It is illegal for all drivers in South Carolina to use a wireless communication device to read, send, or compose any text-based message/communications while behind the wheel on a public highway or street.
In general, the penalty for texting and driving in South Carolina cannot go above $25, and getting a texting ticket will not lead to demerit points for the driver in question.
In other circumstances, your distracted driving violation can result in other possible charges being brought against you like reckless driving charges. And if the accident leads to the death of another individual, you may be charged with reckless vehicular homicide.
What Damages Can Victims Get From a Distracted Driving Accident Claim in South Carolina?
If you are involved in a distracted driving accident in McCormick, South Carolina, you can file a claim with a McCormick distracted driving accident lawyer for the following damages.
These damages are intended to act as financial restitution to help the victim cover costs and expenses. They include medical expenses, lost wages, funeral expenses, etc.
These damages are difficult to assign a dollar value. They include loss of companionship, pain and suffering, emotional distress, etc.
If you were the victim of a distracted driving accident, you may have grounds to seek punitive damages on top of the awarded compensatory damages. Punitive damages are awarded in addition to economic and non-economic damages.
Punitive damages may be given when it is proven that the at-fault party acted with reckless disregard for the welfare of others. Distracted driving is a statutory offense, and is evidence on its own that the driver acted negligently to an extent that punitive damages are recoverable.
How Long Do I Have to File a Claim in South Carolina?
The statute of limitation to file a distracted driving accident claim in South Carolina is three years following the accident date. You should make sure to meet these deadlines because if this time window lapses, the courts won’t accept your case and it will be considered void. Get in touch with a McCormick distracted driving accident lawyer today.
Why Do I Need a McCormick Distracted Driving Accident Lawyer?
After getting involved in a distracted driving accident in McCormick, South Carolina, it would be in your best interest to enlist the services of a skilled attorney. Our team of McCormick distracted driving accident lawyers at Ayers, Smithdeal & Bettis will conduct an independent investigation to establish if liability can be proven.
We also carefully evaluate and calculate the degree of a victim’s compensable financial, emotional, and physical harm. Atop the accident police report, which may mention that the driver was distracted in the moments leading to the accident, we will also gather the following evidence to create a solid case:
- Witness statements
- Photos and videos from the accident scene
- Security camera footage
- Cell phone data (check for activity in moments leading to the collision)
- Social media activity (may have been posting something on social platforms)
We will file the case for you in court and also lead the negotiations if the liable party is willing to make a settlement. You can rest assured that our experienced McCormick distracted driving accident lawyers will fight to get you maximum compensation.
Call Our McCormick Distracted Driving Accident Lawyers TODAY!
If you were in an accident with a distracted driver, you shouldn’t suffer because of the carelessness or negligence of somebody else. Here at the law offices of Ayers, Smithdeal & Bettis, we will make sure that you have been reimbursed for your damages and/or losses.