South Carolina Personal Injury Lawyers

The Consequences of Distracted Driving

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Distracted driving is one of the fastest-growing dangers on our roadways. The National Highway Traffic Safety Administration (NHTSA) reports that 3,300 people are killed and tens of thousands more are injured in distracted driving crashes nationwide each year. Even more alarming, the true figure is suspected to be far higher as distracted driving is systematically underreported. Within this article, our Lexington distracted driving accident lawyer provides an overview of the consequences of distracted driving in South Carolina.

Distracted Driving is Dangerous

Distracted driving is extremely dangerous. When a driver’s attention shifts away from the road—whether by looking at a phone, reaching for something, or even just daydreaming—it significantly increases the risk of a serious crash. Here are some of the reasons why distracted driving is so dangerous in South Carolina:

  • Reduced Reaction Time: A distracted driver may not react quickly enough to sudden changes—like a car stopping ahead or a pedestrian crossing the street.
  • Poor Judgment: Distractions make it harder to assess road conditions, follow traffic regulations, and avoid sudden hazards.
  • Full Inattention: Some distractions cause drivers to miss stop signs, red lights, or even curves in the road entirely. Complete inattention for even a moment is dangerous.

An Overview of the Types of Driving Distractions

Distracted driving happens when a motorist’s attention is taken off the road. It can come in many different forms. Some of the different types of distracted driving in South Carolina include:

  • Visual Distractions: Visual distractions happen when a driver takes their eyes off the road. Some common examples include checking a GPS, looking at a text message, or turning to look at a passenger. For example, imagine a driver in Lexington repeatedly glances down to read a text message. He or she may fail to notice that traffic ahead has come to a stop. That could lead to a serious rear-end collision.
  • Manual Distractions: Manual distraction occurs when a driver removes one or both hands from the steering wheel. Eating, adjusting the radio, or reaching for an object are all forms of manual distraction. For instance, imagine a driver in Mauldin spills a drink and instinctively reaches to clean it up. When doing so, they may drift into the other lane and cause a crash.
  • Cognitive Distractions: Cognitive distractions involve a driver taking their mind off driving. Daydreaming, talking on a hands-free phone, or stressing about a personal issue are all cognitive distractions. Imagine that a driver in Lexington is deep in thought about a work deadline. That mental inattention could lead to them running a red light and getting into a bad T-bone crash.

It is important to emphasize that all three of these types of distracted driving can—and often do—happen at the same time. Notably, texting and driving is a visual, manual, and cognitive distraction all at once. For example, imagine a driver on I-26 in South Carolina suddenly hears a text message notification. As a response, they glance down to read the text (visual), begin replying with one hand (manual), and start thinking about their response (cognitive). In just five seconds, they could travel far more than the length of a football field without looking at the road.

Consequences for Distracted Driving in South Carolina

Distracted drivers are putting themselves, their passengers, and many innocent people in harm’s way. There are serious consequences for distracted driving in South Carolina. Here is an overview:

  • Fine (Texting and Driving): The South Carolina Hands-Free Act prohibits drivers from holding a mobile electronic device while operating a vehicle. The violation of this law can lead to a $100 fine for a first-time violation. A second offense is a $200 fine and two points on a person’s driving record.
  • Criminal Charge (Reckless Driving): Under South Carolina Code § 56-5-2920, reckless driving is defined as operating a vehicle with a “willful or wanton disregard for the safety of persons or property. It is a misdemeanor that carries up to 30 days in jail. It can also carry other penalties as well, including six points on a driver’s license.
  • Civil Liability for a Crash (Negligence): In South Carolina, distracted driving is negligence. A distracted driver can be held liable if their distraction causes an accident. Among other things, that means that they can be held responsible for the victim’s damages.

Recovering Compensation for a Distracted Driving Crash

Were you involved in a crash with a distracted driver? In South Carolina, you have the right to hold them liable for your damages through a fault-based car accident injury claim. Unfortunately, insurance companies fight hard to pay out as little as possible to injured victims. Our firm can help.

We work tirelessly to help victims secure the maximum compensation. Distracted driving accident victims in South Carolina may be entitled to recover monetary damages for:

  • Property loss, including vehicle repairs
  • Ambulance costs and emergency room care
  • Hospital bills and other health care costs
  • Physical therapy and mental health support
  • Lost wages and diminished earning power
  • Pain and suffering & mental distress
  • Long-term disability
  • Wrongful death of a family member

How Our South Carolina Distracted Driving Crash Lawyer Can Help

Distracted driving accident claims are complicated. If you were hurt in a crash with a distracted driver, you must take action to get justice and the maximum financial compensation. At Smith & Jones Law, LLC, we believe that clients’ interests must come first. Distracted drivers and large insurance companies must be held accountable. Our case results tell the story of what we can do for victims and families. Your initial consultation with our South Carolina car accident lawyer is free, completely confidential, and carries no obligation.

Contact Our Lexington, SC Distracted Driving Accident Attorney Today

At Smith & Jones Law, LLC, our South Carolina auto accident lawyers fight tirelessly for victims and families. Hurt in a crash with a distracted driver? We are here as a legal resource. Contact us today for a free, no-obligation consultation.

With offices in Lexington and Mauldin, we represent distracted driving accident victims throughout the wider region in South Carolina.

Frequently Asked Questions

Our experienced team is dedicated to guiding you through the legal process and fighting for the justice you deserve.
How Do I Know If I Have a Case?

Generally, personal injury cases are based on someone else being at fault for an accident. It can be a person, a company, or another legal entity that has fault.

You might think that someone else needs to have hurt you on purpose to get compensation. That isn’t true! Most personal injury claims are based on negligence. Negligence just means being careless in an unreasonable way. That’s one basis for a case, but there are several different grounds for personal injury compensation. Our lawyers will explore all the ways you may qualify.

The best way to know if you have a case is to ask us for a free no-obligation consultation!

How Much Time Do I Have to File A Lawsuit?

It depends. Generally, the maximum time to file a personal injury case in South Carolina is three years. However, there are exceptions, and it can be much shorter. There are some circumstances where the timeline may be extended, too, but you should never count on this. If you miss the deadline that applies in your case, it usually means there is no way to pursue compensation.

There are things you can do right now to protect your rights and build your case. You should always contact a lawyer as soon as possible. Don’t assume that you can wait – and don’t assume you’ve waited too long, either. We’ll determine how much time you have and work quickly to pursue your case.

How Will My Lawyer Determine the Value of My Case?

Your lawyer determines the value of your case with a multi-step process. First, they total your damages. These are the losses that you are allowed to claim by law. It starts with direct, financial losses like medical expenses, lost income, and property loss. But your damages are much more than that. You may also receive compensation for physical suffering, mental health injury and emotional anguish. Our lawyers look at all the categories.

There are other factors that may influence your compensation award. The strength of the legal case and ways to collect compensation are two examples. At your consultation, we can estimate the case value, plus explain what needs to happen for you to receive the maximum award.

What Steps Should I Take Immediately After an Injury to Protect My Rights?

Get medical attention right away. Take photos of the accident scene and gather witness information if you or someone else can. Report the accident as appropriate, like the police for a car accident or your employer if the injury happens at work. Keep records and bills related to the accident.

When you choose Smith & Jones Law, our lawyers will start immediately to protect your rights.

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864-383-0377

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