If you or a loved one has been injured in a distracted driving accident in Lancaster, South Carolina, you need to talk with an experienced distracted driving attorney about your rights under South Carolina law to file a personal injury claim.
Our legal team at David Blackwell Law has experience handling distracted driving accident cases and representing people injured by distracted drivers. We focus on helping injured people seek the full compensation they need to move beyond a serious injury caused by another motorist. The distracted driver’s auto insurance should pay for your medical bills.
If you have been seriously injured in a distracted driving accident, you may be having a hard time both physically and financially. You do not have to carry that burden alone. If a distracted driver caused your injuries, you may be entitled to demand compensation for your medical bills and other related accident expenses. An experienced and compassionate Lancaster car accident lawyer at David Blackwell Law can offer trusted guidance about your best options for pursuing a claim for compensation.
We serve clients across South Carolina, including Indian Land, Fort Mill, and Rock Hill.
What to Do After an Accident Caused by Distracted Driving in Lancaster
If you have been injured in a distracted driving accident caused by another driver in Lancaster, there are certain steps you need to take to safeguard your legal rights.
- Have a Medical Evaluation — You should go to the doctor promptly and have a medical evaluation if you do not need emergency medical treatment after a distracted driving accident. You should tell the doctor that you were in a car accident. A doctor’s report detailing your injuries will provide evidence if you later file a claim for compensation against the driver who caused the accident.
- Report the Accident to the Police or the Lancaster County Sheriff’s Department — Report the accident and wait for a law officer to respond. It is essential to have a police report documenting the motor vehicle accident and your injuries. Do not let the distracted driver who caused the accident convince you not to summon the police, even if the driver pledges to cover the costs of your injuries out of his or her pocket. Without a police accident report, it will just be your word against that of the distracted driver.
- Obtain Distracted Driver’s Insurance Information — Be sure to get the other driver’s name, contact information, insurance information, and vehicle registration information. If the motorist refuses to exchange information, then wait for the police to arrive. The police will obtain the information and share it with you.
- Take Photos — If you are able and can do so safely, use your phone to snap photos at the accident scene including the position of the cars, damage to the vehicles, license plate numbers, your injuries, and your bloodied clothing. Hang on to your torn or bloodied clothing as evidence of the accident.
- Identify Witnesses — Collect the names and contact information of any witnesses who saw the accident before they drove off. Ask the witnesses if they are willing to record a short video statement describing what they saw.
- Get Informed About Your Legal Options — Schedule a free consultation with an experienced distracted driving accident attorney to discuss the details of the accident and understand whether you have a valid personal injury claim.
What Is Considered Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention from the primary task of driving. A distracted driving accident may be caused by a driver:
- Talking on a cell phone
- Texting
- Eating
- Adjusting the radio
- Looking at a video screen
- Programming a navigation system
- Reading a map
- Talking to a passenger
- Dealing with children in the back seat
- Daydreaming
- Grooming or putting on makeup.
How Does the South Carolina Department of Transportation Classifies Distracted Driving?
The South Carolina accident report form lists four factors that may cause a distracted driving accident. They are:
- Cell phone use
- Texting
- Inattention
- Driver distraction
Driver distraction may be caused by any of the factors listed above.
The SCDOT says that distracted driving is a factor in 50 fatal crashes each year in South Carolina. But, the actual number of distracted driving accidents may be much higher. The DOT says that distracted driving is believed to be under-reported in accidents involving deaths and serious injuries because many drivers are reluctant to report that they were distracted when an accident occurred.
A knowledgeable Lancaster car accident attorney can subpoena a suspected distracted driver’s cell phone records and determine whether the driver was talking on the phone or sending text messages around the time a crash occurred.
Do You Need Help with Your Distracted Driving Accident in Lancaster, SC?
If you have been injured in a distracted driving accident in Lancaster, SC, you will need to show that the other driver’s inattention or negligent act caused the accident and your injuries. Our car accident attorneys at David Blackwell Law can conduct a detailed investigation and gather evidence to build your case for compensation. We will:
- Represent you on a contingency fee basis if your distracted driving injury claim is the type that we handle;
- Conduct a detailed Investigation of the cause of the distracted driving crash and determine the potentially liable parties;
- Identify the at-fault drivers’ insurance policies that may provide coverage of your injuries and losses;
- Calculate your present and future medical costs and other expenses and losses caused by the distracted driver;
- Submit a demand letter to the insurance companies reflecting the full extent of your losses;
- Negotiate aggressively for maximum compensation;
- Send a letter of protection to your health care providers, notifying them of pending legal action and requesting postponement of any debt collection efforts involving you;
- Inform you of the progress of all negotiations;
- Be accessible to you and respond within 24 hours if you have questions;
- File a distracted driving accident lawsuit and go to trial if necessary to demand justice for you in South Carolina court.
We have fought for many South Carolinians who were injured by distracted drivers. We are ready to stand up for you too. Call today to schedule a no-obligation consultation with a distracted driving accident attorney serving Lancaster.