Distracted driving has become one of the most common causes of motor vehicle accidents across the state of South Carolina and the entire country. While law enforcement officials continue to crack down by issuing traffic citations, it can be incredibly difficult for texting and driving to be proven in civil court when a distracted driver is accused of causing a collision.
However, if a negligent or distracted driver is responsible for causing your injuries, working with a highly experienced North Charleston car accident lawyer may be the best way to meet the burden of proof and demand maximum compensation from the driver who hit you.
Our legal team can conduct an intensive investigation into the cause of your wreck so we can gather the evidence needed to prove that the at-fault party was texting and driving immediately before the accident. Shelly Leeke Law Firm has handled numerous distracted driving insurance claims and personal injury lawsuits. In our years of experience, we have found that certain types of evidence are more useful than others in proving distracted driving.
What Is Distracted Driving?
Proving texting while driving does not need to be difficult when you have an experienced legal professional on your side. Our personal injury lawyers have litigated and negotiated countless car accident cases involving distracted driving. Let us put our years of legal knowledge and success to work for you and your family.
Distracted driving can include anything that takes your attention away from the roadways. There are three primary types of distracted driving. These include:
- Visual distractions – A visual distraction is anything that takes your eyes off of the roads. This could include bright billboards, other motor vehicle wrecks, or other motorists driving unsafely.
- Cognitive distractions – Cognitive distractions occur when your mind is not focused on driving. You may be daydreaming, thinking about what a long day you had at work, or focusing on other life stressors, for example.
- Manual distractions – Manual distractions involve physically taking your hands off of the steering wheel. Maybe you were adjusting the navigation system, changing the song you were listening to through your Bluetooth, or reaching into the backseat for something out of your bag, for example.
Motorists engage in these types of distracted driving far more often than they should. Even one instance of distracted driving is too much, as it only takes one example of distracted driving to cause a collision. Despite the fact that law enforcement officials have continued to focus on reducing instances of distracted driving, it continues to be a serious problem, often resulting in devastating injuries and death.
Distracted Driving Continues to Be a Problem Across South Carolina
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accidents are responsible for the deaths of at least nine people every day. In 2021, 3,522 people died in car accidents involving distracted drivers. This is an addition to the hundreds of thousands of victims who suffered serious injuries in distracted driving motor vehicle accidents.
South Carolina has implemented comprehensive distracted driving laws and regulations. Drivers are prohibited from using a cell phone or texting while driving. Motorists are also prohibited from using social media, answering emails, or engaging in any other type of action involving their cell phone use while operating a motor vehicle.
Sadly, despite these efforts, distracted driving, including texting and driving, has continued to result in devastation. Fortunately, Shelly Leeke Law Firm does its part to hold negligent drivers accountable by pursuing legal action. Working with our team may give you an opportunity to recover the compensation you deserve, whether that means filing a claim against the distracted driver’s auto insurance policy or pursuing a personal injury lawsuit against them in civil court.
Proving Texting While Driving Requires Compelling Evidence of Distracted Driving
For your claim against a distracted driver to be successful, we must prove that they were, in fact, distracted. Texting while driving, fortunately, leaves some telltale signs. Here are some of the most valuable types of evidence that can assist in proving that the driver who hit you was texting while driving:
Evidence at the Accident Scene
Gather as much evidence at the accident scene as you can, as this could prove valuable in helping to establish liability for the accident. If there are no skidmarks, for example, it may show that the other driver was not paying close enough attention and failed to attempt to stop. If you are physically incapable of taking photos and videos of the accident scene, ask a witness or passenger in your vehicle to do so on your behalf.
Police Reports and Law Enforcement Testimony
Police reports are especially valuable evidence that can prove texting while driving. The law enforcement officials that respond to the accident will file a police report that can indicate whether they saw the other driver distracted, if the other driver was engaging in any type of distracted driving behaviors prior to the collision, and other notes about the accident, including an initial establishment of liability.
Witness Statements
If witnesses saw firsthand that the driver who hit you was using their cell phone at the time of the crash, this would be excellent evidence we can use to support your case. Witness accounts are often objective and, therefore, truthful. For this reason, if you have a chance to meet with witnesses at the accident scene, be sure to secure their name, phone number, and other contact information so your car accident attorney can reach out.
Cell Phone Records
Cell phone records will be essential as part of your texting and driving accident case. Once we obtain copies of the other driver’s cell phone records, we will be able to tell whether they were sending or receiving texts, on a phone call, or using any other apps while driving. Our team may need to subpoena these records as part of your distracted driving accident case.
The Other Driver Admits Liability
In some cases, other drivers will admit to distracted driving. For example, they might say, “Sorry about that. I was sending a quick text and didn’t notice the light turned red.” If the driver is willing to take responsibility for their actions, you may be able to avoid going to trial by obtaining a settlement through their insurance provider or outside of court.
Get Help Building the Strongest Case Possible and Contact Our Top-Rated Car Accident Law Firm Today
If you have been critically injured in a distracted driving accident and are unsure of where to turn for help, do not hesitate. Schedule a free consultation with a reputable car accident attorney at our firm today. You can reach us by phone or through our quick contact form to get started.
