Distracted driving is one of the leading causes of motor vehicle accidents in South Carolina and across the country. Every day, drivers who take their attention away from the road for even a few seconds put themselves and others at risk.
Our Beaufort car accident lawyers at McDougall Law Firm understand the dangers of distracted driving accidents and the devastating impact they can have on victims. We are here to help clients get the compensation they deserve.
If you or a loved one was in a crash with a distracted driver, call McDougall Law Firm today for a free consultation.
Distracted Driving Statistics
Statistics show how serious the problem of distracted driving is.
Nationwide Statistics
Distracted driving is a significant contributor to car accidents nationwide. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in the United States in 2022 alone.
Distracted driving-related crashes are particularly concerning among younger drivers. Teen drivers are more likely than other age groups to be in deadly accidents caused by distracted driving. Teen drivers are more likely to drive distracted, often due to cell phone use for texting, navigation, or social media.
The NHTSA reports that teen driver distraction is a leading factor in fatal crashes, with drivers aged 15 to 19 being the most likely to use cell phones while driving.
South Carolina Statistics
In South Carolina, distracted driving fatalities are a growing concern, with many drivers continuing to engage in dangerous behaviors such as texting and talking on their cell phones while behind the wheel. The South Carolina Department of Insurance reports that the state averages two crashes involving distracted driving every hour.
According to this article by Trusted Choice, distracted drivers caused 10,053 car accidents in South Carolina in 2017, with 2,370 of these crashes involving significant injuries. Distracted driving is responsible for twice as many auto accidents in South Carolina as drunk driving.
Despite efforts to raise awareness about the dangers of distracted driving, too many people continue to take risks, resulting in severe injuries, property damage, and lives lost.
Common Examples of Distracted Driving
Distracted driving encompasses a variety of behaviors that take a driver’s attention away from the road.
The National Highway Traffic Safety Administration (NHTSA) categorizes distractions into three main types: manual, visual, and cognitive. Manual distractions involve taking your hands off the wheel, visual distractions involve taking your eyes off the road, and cognitive distractions occur when your mind is focused on something other than driving.
Here are some common examples of distracted driving:
- Texting and driving: Sending or reading a text message takes a driver’s attention off the road for an average of five seconds. At highway speeds, this is equivalent to driving the length of an entire football field without looking at the road.
- Talking on the phone: Holding a phone in one hand or balancing it on your shoulder interferes with driving. Even with hands-free phone use, the driver’s attention is divided.
- Using a navigation system: Programming or reading directions from a navigation system can cause both visual and cognitive distraction, as the driver’s eyes and focus are diverted.
- Eating or drinking: Many drivers eat or drink behind the wheel, but these actions can take hands off the wheel and eyes off the road.
- Adjusting the radio: Simple tasks like changing the radio station or adjusting climate controls can lead to a lapse in focus and take your eyes off the road.
- Talking to passengers: Conversations with passengers can make drivers cognitively distracted, especially if the conversation requires significant attention.
These distractions contribute to the rise in car crashes across South Carolina and lead to injuries that could otherwise be avoided.
South Carolina Distracted Driving Laws
South Carolina’s distracted driving laws make it illegal to text and drive. This includes writing, sending, or reading a text message while operating a motor vehicle. The law against texting and driving (SC Code Section 56-5-3890) has an exception for hands-free voice-to-text. A first offense can result in a $25 fine.
South Carolina doesn’t ban hand-held devices while driving, but state lawmakers have pushed for a stricter hands-free law.
Understanding the distracted driving laws is essential, as they form the basis for determining liability in motor vehicle crashes caused by a distracted driver.
Proving Liability for a Distracted Driving Accident
Driving distracted is considered a form of negligence. Distracted drivers can be held financially responsible if they cause an accident. Establishing liability in a distracted driving case requires proving that the driver was distracted and this lack of attention caused the crash.
There are several ways to prove that a driver was distracted:
- Cell phone records: These can show whether the driver was texting or talking on the phone.
- Eyewitness testimony: Other drivers, passengers, or pedestrians may have seen the driver using a phone or engaging in another distracting behavior.
- Police report: Police officers often include observations about distractions in their accident reports, including any admission from the driver or visible evidence at the scene.
- Surveillance footage: Video from traffic cameras or nearby businesses may capture the driver’s behavior leading up to the accident.
- Other evidence: Other forms of evidence, such as the driver’s social media activity, can also be used to show distraction.
If it can be proven that the driver was distracted, they may be held liable for damages such as medical bills, lost wages, property damage, and pain and suffering.
How a Beaufort Car Accident Lawyer Can Help
If you or a loved one has been injured in a distracted driving accident, a skilled car accident lawyer can help you pursue the compensation you deserve. At McDougall Law Firm, we assist victims in Beaufort and across South Carolina by taking the following steps.
Gathering Evidence
We investigate the accident thoroughly to gather key evidence, including cell phone records, police reports, and eyewitness testimony. This evidence is critical in building a strong case against the distracted driver.
Negotiating with the Insurance company
Insurance companies often try to minimize settlements or deny claims. We understand insurance company tactics and can negotiate on your behalf to secure a fair settlement.
Representing You in Court
If necessary, we are prepared to take your case to court and advocate for you in front of a judge and jury. Our goal is to secure the best possible outcome for you and your family.
Compensation for Victims of Distracted Driving Accidents
Victims of distracted driving accidents in South Carolina may be entitled to several types of compensation, including:
- Medical bills: This includes the cost of hospital stays, surgeries, medications, physical therapy, and any future medical care required due to the accident.
- Lost wages: If you are unable to work due to your injuries, you may be compensated for lost income, including future lost wages if your ability to work is permanently affected.
- Pain and suffering: Compensation may be awarded for the physical pain and emotional distress caused by the accident.
- Property damage: You may be compensated for the repair or replacement of your vehicle or other damaged property.
- Wrongful death: If a loved one was killed in a distracted driving accident, family members may be entitled to compensation for funeral expenses, loss of companionship, and other damages.
Contact Us Today for a Free Consultation
Distracted driving is a serious problem in South Carolina, causing thousands of car accidents each year. If you or someone you know has been injured in a distracted driving accident, McDougall Law Firm is here to help. Our experienced team will fight to hold the distracted driver accountable and secure the compensation you need to move forward.
Contact us today for a free consultation and let us help you navigate the complex legal process.
