Distracted driving is any behavior that takes a person’s attention away from the road. The increase in cell phones and even computer displays in vehicles have increased distracted driving more than ever before.
If you’re hurt because of a distracted driver, you may deserve financial compensation. The Maguire Law Firm represents individuals who are injured in distracted driving accidents. Contact our Myrtle Beach distracted driving car accident lawyers at 843-894-3502 to see how we can help you claim a monetary payment for your injuries and damages.
What is a distracted driving accident lawyer?
A distracted driving accident lawyer is a trained professional who assists a victim to claim financial compensation when they are hurt by a distracted driver. The lawyer is skilled in assisting victims to optimize their claim and pursue it efficiently. The goal is for you to receive the best possible result for your case.
Do I have a distracted driving claim?
You may have a distracted driving claim if any of the following caused an accident:
- Texting while driving
- Interacting with passengers while driving
- Reaching for something in the vehicle
- Talking on a cell phone
- Applying make up or looking at their appearance in the mirror
- Assisting children in the backseat
- Looking at scenery or billboards
- Letting their mind wander off the task at hand
- Taking off their glasses for any reason
- Watching a navigation system or displays on the center console
- Pressing buttons on the vehicle
- Eating or drinking while driving
- Reading or watching a device
The legal basis for a distracted driving claim is negligence or recklessness. Distracted driving may be both negligent and reckless. People know that they should pay attention while they are driving, but they let themselves get distracted anyways.
Distracted drivers choose to disregard a known risk. When they hurt someone else, they are legally liable for the harm that they cause. To receive compensation, you must assert your rights and bring a claim.
Why do I need a distracted driving lawyer?
Even if you know what happened, and that you deserve compensation, proving the case isn’t always an easy task. The driver probably isn’t going to admit that they were distracted. You need to prove all the elements of the case, which may include:
- Distracted driving
- An accident occurred
- The accident happened because of the distracted driving
- The victim is injured
- Injuries are the result of the accident
- The value of damages
The victim must still prove each element of the claim. Our lawyers know how the insurance companies look for mistakes and missing information to avoid paying claims. When you work with our distracted driving lawyers, you can rest assured that your case is complete.
Does South Carolina have a texting and driving law?
SC Code § 56-5-3890 prohibits drivers from using a wireless electronic communication device to compose, send or read text messages while operating a motor vehicle.
If you are hurt because of a texting driver, violation of the texting and driving law is strong evidence of legal fault for the driver.
How do I prove that the driver was distracted?
You may suspect that distracted driving is the cause of the crash. However, the other side may not admit it. One of the important ways that a distracted driving lawyer assists you is by proving what happened, including that the defendant was distracted. Some things that may be helpful are:
- Witnesses – Another occupant of the vehicle may admit what happened. In addition, others nearby may testify that the driver was distracted at the time of the crash.
- Cameras – It’s always worth investigating whether a camera captured the defendant driving either at the time of the accident or before it.
- Physical evidence – Tire tracks may show delayed braking. Points of impact on a vehicle may show that the driver did not react in the way that they would have if they had been paying attention.
- Weather conditions – If there is no other explanation for the crash, like rain or wet road conditions, it may be clear that inattention was to blame.
- Admission – Part of having a good lawyer is having a lawyer who is skilled in cross-examination. We know how to question a defendant effectively and draw out information if they are being evasive or dishonest.
- Phone records – A phone record can show activity leading up to the accident. These records can take time and significant efforts to get, so it’s always best to work with a lawyer to begin the process as soon as possible.
We know how to build the evidence to show the cause of the crash. When necessary, we work with accident reconstruction specialists to present the information in an effective and compelling way.
What can you get from a distracted driving accident?
Victims of distracted driving may claim economic and non-economic damages from the responsible party. Compensation may include:
- Medical expenses and medical care
- Rehabilitation services
- Loss of earnings and earning capacity
- Burial costs
- Loss of use, repair and replacement of property
- Substitute domestic services
- Other monetary losses
- Pain and suffering
- Physical impairment and disfigurement
- Mental anguish and emotional distress
- Loss of society and companionship, loss of consortium, reputation and humiliation
A distracted driving accident may impact you in many ways. It can be especially frustrating because the accident was preventable. South Carolina law allows the victim to claim compensation for the way the accident hurts them economically as well as in terms of overall lifestyle.
Our Lawyers Handle Distracted Driving Cases
When you’re looking for lawyers who handle distracted driving cases in Myrtle Beach, we invite you to get to know the Maguire Law Firm. We’re the car accident lawyers near you who are proud of our history of helping our community and advocating for victims.
Our founder, Ian D. Maguire, has more than two decades of experience representing accident victims including complex claims. When you are hurt in Myrtle Beach or the surrounding areas, our law firm has the knowledge, skill and determination to get real results for you.