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People who let their attention wander away from the road while driving endanger themselves and everyone else on the road with them. Distracted driving is the most common cause of auto accidents in South Carolina and across the country. However, distracted driving can be a deceptively tricky type of negligence to build a successful personal injury claim around. It is not always expressly prohibited by law in the same way that speeding, drunk driving, and other common causes of car wrecks are.
If you want to effectively enforce your right to civil recovery after a car crash that was not your fault, you will want help from a legal professional who has experience dealing with the aftermath of distracted driving car accidents in Goose Creek. Fortunately, that help is available from our auto accident attorneys at Miller | Conway. We are proud to be born and raised in this area, and we are ready to fight tenaciously for your best interests.
Just like violating a traffic law or driving while impaired by drugs or alcohol, driving while distracted is a violation of the duty of care every driver has to act lawfully and responsibly behind the wheel. If you can prove that someone else involved in your recent Goose Creek car accident was using their phone, looking at a map or GPS, eating or drinking, or doing anything else while driving that took their attention away from the road, you can make them pay financially for injuries and losses you have suffered.
However, since texting while driving is the only type of distracted driving defined as a traffic offense for which a police officer can write a ticket, the fact that the other driver was distracted might not be in the police officer’s accident report. You may have to prove fault for your crash-related injuries through evidence such as witness testimony, traffic or dashboard camera video, or crash scene photos. Our seasoned attorneys can provide invaluable help with this process.
We can also help fight any allegations of comparative fault made against you by the distracted driver whom you are suing over your Goose Creek car accident. In brief, comparative fault is the degree to which a person injured in an accident is to blame for causing their injuries through their own negligence. For example, someone may have sped into an intersection where a distracted driver then T-boned them.
If a court assigns you a percentage of comparative fault for injuries you suffered in a traffic wreck, the court can then reduce the amount of money awarded to you by that same percentage. Even worse, if you are found to hold more than 50 percent of the total fault for your wreck, your case will likely be dismissed., You will not be eligible for monetary damages, even if you know the other driver was distracted.
If you have been seriously hurt in a wreck caused by a distracted driver, you already know how stressful the experience can be. You may also be realizing the stress involved in filing suit over your injuries. In addition to helping you get the best possible result from your lawsuit or settlement demand, a skilled legal professional can simplify your life after your accident and protect your future prospects.
At Miller | Conway, we know how to navigate the aftermath of distracted driving car accidents in Goose Creek. One of our dedicated car accident lawyers can discuss your case with you during a confidential consultation and offer guidance about the next steps toward recovery. Call us today to set up a meeting.