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When Distracted Driving Causes South Carolina Car Accidents (Part A)

You hear plenty about the dangers of driving under the influence of alcohol, but the little things drivers do when in a rush can be just as dangerous. Some of the main causes of driving distracted that can lead to a South Carolina car accident may include: 

  • reaching for a moving object inside the vehicle;
  • looking at an object or event outside of the vehicle;
  • reading; and
  • applying makeup

Whether someone is late for work or an important appointment, they may justify risky behavior and use the cell phone or even eat while driving just this time.

But being a negligent driver and driving distracted are huge causes for South Carolina car accidents. Perhaps you know of someone who was involved in a South Carolina car accident because of distracted drivers. According to the NHTSA and the Virginia Tech Transportation Institute (VTTI), 80% of crashes and 65% of near-crashes involve some form of driver distraction.

Determining Negligent Drivers in a South Carolina Car Accident

If you have been involved in a South Carolina car accident, whether it was caused by distracted driving, other negligent behavior, or in rare cases, something else, determining the negligent drivers (as there are typically more than 1) comes down to a percentage calculation called modified comparative negligence or the ‘51% rule.'

In simple terms the 51% rule means negligent drivers can only recover damages if they were responsible for 50% or less of the South Carolina car accident. Of course, distracted drivers and the act of distracted driving can figure hugely into this calculation.

If you were involved in an accident, you should probably be prepared for the inevitable fight over the gray area when determining exactly when someone was a distracted driver and to what degree they were acting negligently. The other driver's insurance company will try to demonstrate that you were the most negligent driver so that you won't be able to recover any damages.

If you're reading this article because you were recently involved in a South Carolina car accident it's recommended you speak to a qualified Charleston personal injury attorney immediately.
According to South Carolina car accident laws, you have 3 years from the accident to file a claim, but it's always best to act quickly while evidence is still fresh and witnesses are available. 

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Shelly Leeke
South Carolina Injury Lawyer

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