Chances are high that you’ll spot at least one distracted driver on a South Carolina road today. From cell phones and text messages to in-car entertainment systems, there are an unparalleled number of distractions competing for a driver’s attention. Even a momentary glance from the steering wheel could be enough to cause a serious car accident in Indian Land.
If you were injured or lost a loved one in an Indian Land distracted driving accident, you are likely entitled to compensation from the at-fault driver. An experienced personal injury attorney at David Blackwell Law can protect your rights and fight for the compensation that you deserve.
Talking to an attorney as soon as possible after an accident is important, because South Carolina sets strict time limits on how long you have to file a claim for compensation. Our skilled lawyers can start an immediate investigation into the crash before valuable evidence is lost or erased. You can rest easy knowing that your claim is in our hands.
Call or contact David Blackwell Law today for a free consultation.
We serve clients across South Carolina, including Lancaster, Fort Mill, and Rock Hill.
Compensation for Distracted Driving Accident Victims
Injuries from a distracted driving crash can disrupt every part of a person’s life, leading to physical, emotional, and financial hardships that can have long-lasting consequences. South Carolina law allows accident victims to request compensation (called damages) for the losses that they have had to endure due to another’s recklessness.
You can recover money for:
- Economic damages: Compensation for losses that can be calculated, such as past, current, and future medical bills, lost income, diminished earning capacity, and rehabilitation.
- Noneconomic damages: Money for more subjective harm, such as pain and suffering, mental distress, and loss of enjoyment of life.
- Punitive damages: Awarded to victims to punish drivers for particularly reckless misconduct and to discourage others from doing the same thing.
It’s worth noting that most distracted driving cases will result in settlements with the driver’s insurance company. However, if insurers refuse to provide a fair payout, David Blackwell Law is always prepared to take your case to trial and fight for the compensation that you are owed.
What Is a Distracted Driving Accident?
Anything that diverts a driver’s attention from the road is considered distracted driving. The National Highway Traffic Safety Administration (NHTSA) categorizes distractions as:
- Manual: Activities that require drivers to take their hands off the steering wheel
- Visual: Anything that makes drivers take their eyes off the road
- Cognitive: Mental distractions that preoccupy drivers and prevent safe driving
There are countless types of distractions, such as:
- Texting
- Talking on a cell phone
- Smoking
- Grooming
- Eating and drinking
- Changing CDs
- Talking with passengers
- Programming a navigation device.
Of all of the possible types of distractions, texting while driving is considered the worst because it occupies drivers in all three categories described by NHTSA. Recognizing this danger, South Carolina banned texting while driving in 2014. Despite this change, distracted driving remains a serious problem throughout the state.
The latest data from the S.C. Department of Public Safety attributed more than 9,700 accidents to distracted driving in 2017. Eight people died and 3,373 were injured in those crashes.
How Do You Prove That Distracted Driving Caused A Crash in Indian Land?
The high number of distracted driving accidents in Indian Land means that the legal team at David Blackwell Law always investigates whether inattention played a role in their clients’ crashes.
There are a number of ways to determine whether a driver was distracted at the time of a collision, including:
- The driver’s own confession: Sometimes drivers will admit to being distracted at the time of the crash. But this is not enough to guarantee that the insurance company will offer you a fair settlement. The driver may take back their initial statement or the insurer will try to diminish their liability in another way. Our lawyers are trained to anticipate these tactics and know how to cut through the excuses.
- Cell phone records: Obtaining the history of cell phone use may be able to show that the driver was texting, talking on the phone or using social media when the accident occurred. Our knowledgeable attorneys can use phone records to prove that the driver’s attention was not fully on the road when the accident happened.
- Black box data: The benefits of advanced technology in today’s vehicles means that it’s much easier to determine whether the driver was speeding or attempted to hit the brakes before the crash occurred. We will examine black box data for evidence that the driver’s behavior is suggestive of distracted driving.
- Traffic camera footage: Video surveillance at the accident scene may show that the driver was not paying attention behind the wheel. Our legal team will check to see if there is any visual evidence that shows that a driver was not watching the road.
- Witnesses: The frequency of distracted driving crashes means that many people have seen that a driver was engaged in another activity before the accident even occurred. Good Samaritans or passengers may provide testimony that can help as we build a strong claim for you.
- Physical evidence: Signs of spilled drinks, food, CDs, or makeup can show that a driver’s attention was diverted from the road. Our attorneys can use photos and diagrams from the accident scene as evidence in your distracted driving claim.
- Accident reconstruction: Professionals who are trained in analyzing car accidents can re-create the accident scene even after it has been cleared. David Blackwell Law knows the top accident reconstruction experts in the nation and can consult with them if necessary to strengthen your case.
Our Indian Land Distracted Driving Lawyers Are Here to Help
Life after being injured in a distracted driving accident can be stressful, particularly if there is no guarantee of a full recovery. Seeking the help of a compassionate and strong car accident attorney is the best way to ensure that you obtain maximum compensation for your injuries.
When you come to David Blackwell Law, you can rest assured that you are more than just another case file to us. We treat injured victims like family, and we have fought on behalf of clients in Indian Land and nearby communities for years.
If you’re ready to get started on your case, so are we. Call or contact us today for a free, no-obligation consultation.
Sources:
- National Highway Traffic Safety Administration: “Distracted Driving.”
- SC Department of Public Safety: “2017 Traffic Collision Fact Book.”