Distracted driving can be lethal. According to the National Highway Traffic Safety Administration (NHTSA), it was responsible for almost 3,000 deaths in 2018. When a person is distracted, they cannot anticipate abrupt changes on the road or take precautions to avoid hazards. Worse, they may cause crashes by failing to obey road signs or traffic rules because of their distraction.
If you or your loved one was injured because of a distracted driving accident, you may be angry and confused. This accident has changed your life, maybe even forever. You are likely wondering how to hold the at-fault party responsible.
At the Law Offices of George Sink, P.A. Injury Lawyers, a Mount Pleasant distracted driving accident attorney is ready to help you explore your legal options. By knowing all your options, you can make informed decisions regarding what your next moves will be.
For a free legal consultation with a distracted driving accidents lawyer serving Mount Pleasant, call (888) 612-7001
Understanding Distracted Driving
NHTSA defines distracted driving as “driving while participating in any activity that diverts the motorist’s attention from driving.” One incident of distracted driving is texting or talking on a mobile phone while driving. However, there are many more examples, such as:
- Eating and drinking
- Talking to people in the vehicle
- Grooming oneself or touching up makeup
- Reading a book, map, or newspaper
- Watching a video playing on a tablet or computer
- Adjusting the stereo, navigation and entertainment systems, or other settings
- Reaching for things in the front passenger or rear seats
While there are many types of distracted driving, texting is a particularly dangerous distraction, according to the NHTSA. They postulate that it takes about five seconds, often more, to skim over a text and send a template response.
If the person who caused your accident was going 55 MPH, they could have driven a football field’s length with their eyes closed.
Drivers are supposed to dedicate their full attention to the road while driving. Any distraction increases the chances of that driver causing or being in an avoidable accident. But despite pervasive warnings against distracted driving, many U.S. drivers admit to regularly doing activities that distract them while behind the wheel.
When you or someone you love is injured because of such an accident, it is okay to desire to hold the party responsible for your troubles responsible. It is your right to pursue justice through legal action.
Mount Pleasant Distracted Driving Accidents Lawyer Near Me(888) 612-7001
We Can Help You Pursue Compensation for Your Injuries
On June 9, 2014, the governor signed S.C. Ann. Code § 56-5-3890, which made it illegal to use your mobile phone to text, send an email, or check social media while driving. First offenders are fined $25, and subsequent offenses will be fined $50.
Additionally, texting while driving can be used against a motorist if you are facing other charges.
Regardless of this law, many people still fall victim to texting-related car crashes, resulting in a host of short and long-term injuries, including:
- Physical injuries with varying prognoses
- Lost wages because of time spent recuperating
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder
- Temporary or permanent disability or disfigurement
- Wrongful death on the spot or resulting from sustained injuries
In some cases, victims cannot return to their work because they lost their jobs or can no longer hold them. For the rest of their lives, they must contend with diminished earning capacity. Often, medical bills exceed any insurance coverage, particularly the cost of long-term care after the initial discharge.
Distracted drivers, particularly those texting or participating in mundane activities while driving, must be responsible for their actions. You may be eligible for compensation if you were the victim of a crash due to distracted driving, and a distracted driving accident lawyer in Mount Pleasant can help.
Evidence for Negligence and Damages in Distracted Driving Accidents
A plaintiff must prove that a distracted driver was negligent at the time of an accident, in order to recover damages for the above injuries. While proving negligence is not easy, personal injury attorneys can help you prove your case.
At the Law Offices of George Sink, P.A. Injury Lawyers, we have a team of attorneys who specifically handle distracted driving cases. We conduct thorough research, collect eyewitness accounts, and study CCTV/security camera footage, phone records, and other evidence to establish what really happened leading up to an accident.
In some cases, we will use expert witnesses to demonstrate that the distracted driver’s actions veered from what a rational driver would have done under similar circumstances. While the law does prohibit texting while driving, it does not necessarily consider texting itself as proof of negligence when an accident happens.
This is why our distracted driving accident lawyers in Mount Pleasant collect other evidence to strengthen the negligence case. If you prove your case, you can recover compensatory damages for several consequences of the distracted driving accident. These include:
- Medical expenses
- Reimbursement of lost wages
- Property damage
- Pain and suffering
However, you may have to contend with “modified comparative negligence,” a concept that means that, if you are partially responsible for the accident, your damages would be reduced by the extent of responsibility you bear (considered as a percentage).
Complete a Free Case Evaluation form now
George Sink, P.A. Injury Lawyers Helps Victims of Distracted Driving Accidents
If you or your loved one was injured in a distracted driving accident, a Mount Pleasant distracted driving accident lawyer can help you to explore your legal options. You may want to consult a lawyer soon after the accident, even if you have not decided what to do regarding your injuries.
As a general rule, we advise our clients to consult us before giving recorded statements to the police or the at-fault motorist’s insurance adjusters. This is the only way to ensure you have someone on your side fighting for your best interests.
We will work hard to represent your interests throughout the process of your case. Contact George Sink, P.A. Injury Lawyers by phone or through our online form for a free and confidential case evaluation.