Greenville Distracted Driving Accident Lawyer

If you have been injured in an accident caused by a distracted driver, you should not have to pay for their carelessness. The attorneys at The Melonakos Law Firm want to help you hold distracted drivers accountable for their actions and demand the compensation you need for your medical bills, lost wages, pain, suffering, and other losses.

Our Greenville personal injury attorneys focus exclusively on representing injured people like you in South Carolina. We have recovered more than $50 million for our clients. We have the experience, resources, and dedication you can depend on during the challenging times after an accident.

Contact us online or call The Melonakos Law Firm today to speak with one of our Greenville distracted driving accident lawyers about your case. The consultation is free.

Why Do I Need a Lawyer If I’m Involved in a Distracted Driving Accident?

A lawyer can help in several ways after a distracted driving accident. First, you have more pressing things to worry about than a personal injury lawsuit against the distracted driver. You must focus on recovering from your injuries and caring for yourself and your family. Insurance claims and lawsuits are complicated and anxiety-provoking. Let an attorney from our law firm handle those stressors on your behalf.

Second, without the assistance of an experienced distracted driving accident attorney, you may be leaving money on the table. Insurance companies are known to take advantage of vulnerable accident victims by offering quick, lowball settlements. Many accident victims are desperate for money to help with their medical bills and other expenses, so they accept an inadequate settlement without knowing how much compensation they really need and deserve.

By working with an attorney at our firm, you may be able to recover compensation for your full range of accident-related losses, including:

• Medical expenses
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property losses, such as car repairs or replacement

Common Types of Distracted Driving in Greenville, SC

Distracted driving is any activity that takes a motorist’s attention off the task at hand. According to the South Carolina Department of Public Safety, distracted driving is listed as a top contributing factor in more than 20,000 crashes in South Carolina each year. Sadly, according to the National Highway Traffic Safety Administration, it also claimed 3,142 lives nationwide in just one recent year.

Distracted driving is generally divided into three main types:

• Visual – Visual distracted driving takes a driver’s eyes off the road. Reading a text message is a typical example of distracted driving. Other examples include rubbernecking (turning your head to stare at something as you pass by), looking at passengers in the back seat, or checking the navigation app on a smartphone.
• Manual – Manual distracted driving takes a driver’s hands off the wheel. Examples of manual distracted driving include eating, drinking, changing the radio, grooming, and holding a cell phone.
• Cognitive – Cognitive distracted driving takes a driver’s mind off the road. Daydreaming or listening to music are common examples of cognitive distracted driving. Fatigue, stress, or illness can also contribute to cognitive distractions

What Are the Distracted Driving Laws in SC?

Under South Carolina law, drivers cannot use wireless electronic communication devices to compose, send, or read text-based communications while driving on public roadways. This type of device could include a telephone, digital personal assistant, text-messaging device, or computer.

Drivers may send text-based communications if they are:

• Lawfully parked or stopped
• Using hands-free devices
• Calling emergency services
• Sending or receiving messages through a digital dispatch system
• A public safety official performing their official duties
• Using GPS for navigation or obtaining information on traffic and road conditions

Section 56-5-3890 states in part:

(A) For purposes of this section:

(1) “Hands-free wireless electronic communication device” means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text-messaging device, or a computer, which allows a person to wirelessly communicate with another person without holding the device in either hand by utilizing an internal feature or function of the device, an attachment, or an additional device. A hands-free wireless electronic communication device may require the use of either hand to activate or deactivate an internal feature or function of the device.

(2) “Text-based communication” means a communication using text-based information, including, but not limited to, a text message, an SMS message, an instant message, or an electronic mail message.

(3) “Wireless electronic communication device” means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text-messaging device, or a computer, which allows a person to wirelessly communicate with another person.

(B) It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.

Violating South Carolina’s distracted driving law could result in a fine of $25. The violation is not considered a criminal offense and will not appear on a driver’s DMV or criminal record.

Whether the distracted driver in your case is charged with violating South Carolina’s law does not affect your ability to pursue a personal injury lawsuit against them. Lawsuits are civil matters, not criminal ones, and the burden of proof is different. To be successful, you must prove that it is likelier than not that the distracted driver caused the accident and your injuries. This bar is easier to clear than that required for a criminal conviction, in which prosecutors must prove guilt beyond a reasonable doubt.

That said, if the distracted driver that caused your accident is convicted of violating the distracted driving law, it could help your case.

Proving Liability for a Distracted Driving Car Crash in Greenville

It may be clear to you that the distracted driver is liable for your injuries, but you still need evidence to show that they were in some way negligent. To prove negligence, a distracted driving accident lawyer can gather critical evidence, such as the following:

• Photos of the accident scene, the vehicles involved, and your injuries
• Videos of the accident taken from nearby security or traffic cameras or a dashcam
• Eyewitness testimony
• Expert testimony, such as from an accident reconstruction expert
• Phone records
• Medical records

Investigations take time, and essential evidence might be available only if you start quickly. Hiring an experienced distracted driving attorney immediately after an accident is vital. Additionally, South Carolina’s statute of limitations establishes a three-year deadline to file a personal injury lawsuit. While three years may sound like a long time, it can quickly pass while preparing a lawsuit.

Talk to our Expert Greenville Distracted Driving Lawyer Today

If you were injured in an accident caused by a distracted driver in Greenville, SC, you do not have to suffer under the weight of your financial, physical, and emotional pain alone. The distracted driving car crash attorneys at The Melonakos Law Firm can help you hold distracted drivers accountable for their negligent actions. With our Greenville injury lawyers’ assistance, you may be able to recover compensation for your medical bills, lost income, pain, suffering, and more.

Don’t wait. Contact us online or call The Melonakos Law Firm today to get started on your case.