Columbia, SC Distracted Driving Accident Lawyer

A car accident happens in a split second, but the consequences can last a lifetime. When a crash is caused by a driver who was texting, eating, or simply not paying attention, it feels even more unfair. You shouldn’t have to pay for someone else’s mistake.

At The Super Lawyer, we help victims of distracted driving in Columbia, South Carolina, fight for the justice they deserve. If you or a loved one has been injured, our experienced legal team is here to guide you through the legal process. We handle the insurance companies so you can focus on healing.

The Dangers of Distracted Driving

Distracted driving is one of the leading causes of accidents on South Carolina roads. When a driver takes their eyes off the road, their hands off the wheel, or their mind off driving, they put everyone at risk. According to the NHTSA (National Highway Traffic Safety Administration), sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.

Our goal is to hold these negligent drivers accountable for the harm they cause.

Types of Driver Distractions

Distraction isn’t just about cell phones. Anything that takes a driver’s attention away from safe driving is dangerous. In legal terms, negligence occurs when a driver fails to act with reasonable care. Common types of distractions we see in Columbia cases include:

• Texting while driving or checking social media
• Talking on the phone (even hands-free can be a cognitive distraction)
• Eating or drinking behind the wheel
• Adjusting the radio, GPS, or climate controls
• Talking to passengers
• Grooming or applying makeup
• Daydreaming or “zoning out”

South Carolina Distracted Driving Laws

South Carolina takes distracted driving seriously. The state has specific laws designed to keep roads safe. The primary law bans texting while driving. This means it is illegal for drivers to use a wireless electronic communication device to compose, send, or read a text-based communication while driving.

While the fines for a first offense might seem low, the impact on a civil lawsuit is significant. If we can prove the other driver violated these laws, it strengthens your claim for compensation.

Proving Negligence in Distracted Driving Accidents

To win your case, we must prove that the other driver was distracted and that this distraction caused your injuries. This requires a thorough investigation. As your Columbia distracted driving accident lawyers, we gather critical evidence to build a strong case.

Evidence Collection

We look for specific proof that shows the driver wasn’t paying attention. This may include:

• Cell phone records: These can prove if a text was sent or a call was made at the exact moment of the crash.
• Eyewitness testimony: Bystanders or other drivers may have seen the at-fault driver looking down or holding a phone.
• Skid marks analysis: A lack of skid marks often indicates the driver didn’t brake because they didn’t see you.
• Video footage: Traffic cameras, dashcams, or security footage from nearby businesses.
• Police reports: Officer notes on the driver’s behavior at the scene.

Compensation for Victims

An accident can drain your bank account quickly. You have the right to seek financial recovery for your losses. We fight to recover full compensation for:

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• Medical expenses: This includes ambulance rides, hospital stays, surgeries, medication, and future rehabilitation.
• Lost wages: If you missed work to recover, you should be paid for that time. This also includes loss of future earning capacity if you cannot return to your old job.
• Pain and suffering: Compensation for the physical pain and emotional distress caused by the trauma.
• Property damage: The cost to repair or replace your vehicle.

Statute of Limitations and Fault Rules

It is important to act quickly after an accident. Under South Carolina Code § 15-3-530, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. If you miss this deadline, you may lose your right to sue forever.

South Carolina also follows a “modified comparative negligence” rule under South Carolina Code § 15-1-300. This means you can still recover compensation even if you were partly at fault, as long as you were not more than 50% responsible. However, your payout will be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by 20%.

What to Do After a Crash

The moments after a collision are confusing, but the steps you take can protect your legal rights:

1. Call 911: Ensure police arrive to make an official report.
2. Seek Medical Attention: Even if you feel fine, see a doctor. Some injuries appear days later.
3. Gather Evidence: Take photos of the scene, vehicle damage, and license plates. Get contact info from witnesses.
4. Do Not Admit Fault: Be honest with the police, but do not apologize or say “I didn’t see them.”
5. Contact a Lawyer: Call The Super Lawyer before speaking to insurance adjusters.

Why Choose Our Columbia Lawyers

Insurance companies often try to offer low settlements to make cases go away quickly. They are not on your side. We are. At The Super Lawyer, we have the experience and resources to stand up to big insurance carriers.

We offer a free consultation to review your case. We work on a contingency fee basis, which means you pay no legal fees unless we win compensation for you. You have nothing to lose by getting a professional opinion on your case.