At Connell Law Firm, we are a family-run personal injury law firm based in Lugoff, South Carolina, dedicated to fighting for your rights. Since our founding in 1993, we have provided passionate legal representation to individuals and families harmed by the negligence of others. Our attorneys have decades of collective experience and handle a wide range of cases, including auto accidents, personal injury, wrongful death, and more.
Distracted driving is a major cause of motor vehicle crashes in South Carolina, leading to serious injuries, damaged vehicles, and costly car accident claims. From texting at the wheel to eating while driving, distractions take attention away from the road and increase the risk of harm. South Carolina law addresses this issue through specific statutes that impact how fault is determined and how compensation is awarded. Understanding these laws can help injured drivers protect their rights.
In this blog, we explain how distracted driving affects accident claims in South Carolina, review key state laws, and highlight why working with an experienced Camden car accident attorney can help you pursue full compensation after a crash.
What is Distracted Driving?
Distracted driving is one of the leading causes of motor vehicle crashes in South Carolina. It includes any action that takes a driver’s attention away from the road.
Types of Distracted Driving
There are three main types of distracted driving: visual, manual, and cognitive. Visual distractions involve taking your eyes off the road. Manual distractions involve removing your hands from the wheel. Cognitive distractions occur when your mind is not focused on driving.
Common examples include reading or sending a text message, talking on a cell phone, adjusting the radio, eating, or using a GPS. Even talking to a friend while driving can reduce reaction time and increase the risk of crashes involving distracted drivers.
The Role of Cell Phone Use
Cell phone use is one of the most common and dangerous forms of distraction. Texting while driving combines all three types of distraction. It pulls the driver’s attention from the road, hands from the wheel, and focus from the task of driving. South Carolina law prohibits drivers from writing, reading, or sending text messages while operating a vehicle.
Consequences of Distracted Driving
Distracted driving leads to serious injuries, damaged vehicles, and in some cases, fatal crashes. Victims may suffer from physical pain, emotional distress, and financial loss. Many car accident cases caused by distracted drivers involve costly medical treatment, physical therapy, and long-term recovery.
Distracted Drivers and Legal Responsibility
Distracted drivers can be held legally responsible for any harm they cause. Proving distraction is often a key part of a car accident claim. A police report, cell phone records, or witness statements may be used as evidence. A car accident attorney can help victims build a strong case and pursue full compensation for injuries and losses.
South Carolina Distracted Driving Laws (S.C. Code § 56-5-3890)
Distracted driving laws in South Carolina are intended to reduce crashes and hold distracted drivers accountable.
What the Law Says
Under S.C. Code § 56-5-3890, it is illegal for a driver to use a wireless electronic communication device to write, send, or read a text message while operating a motor vehicle on public roads. This law applies when the vehicle is in motion. The statute is part of the state’s effort to promote distraction free driving and prevent serious accidents caused by cell phone use behind the wheel.
Exceptions and Limitations
The law allows certain exceptions. Drivers may use a GPS or navigation system, as long as the input is not done by hand while driving. Voice-activated and hands-free use is permitted. Emergency responders are also exempt when using devices in official duties.
However, the law does not ban all cell phone use. Talking on the phone with a handheld device is still legal in South Carolina, although it is discouraged. This limitation means drivers can still be distracted legally, which creates risks on the road.
Enforcement and Penalties
South Carolina enforces this law as a primary offense. This means law enforcement can stop a driver solely for violating the texting ban. The penalty for a first offense is a $25 fine. There are no points added to a driving record and the offense is not reported to insurance companies.
While the penalties are low, a police report that shows illegal texting can be powerful evidence in a car accident case. It can support claims of negligence and help injured parties in legal actions.
Why the Law Matters in Accident Claims
Distracted driving laws play a key role in how fault is determined after a car accident. A violation of the texting ban may be used to prove that a driver was not paying attention, which is a form of negligence. This can affect how insurance companies handle a claim and how much compensation an injured person may receive.
How Distracted Driving Impacts a Car Accident Claim
Distracted driving often leads to motor vehicle crashes, and the presence of distraction can significantly affect how a car accident claim is handled.
Establishing Negligence
When a driver is distracted, they are more likely to cause a crash. This behavior may include texting, eating, or using a phone. In legal terms, this is considered negligence. If a distracted driver causes an accident, they can be held responsible for the resulting injuries and property damage.
A car accident lawyer can use evidence of distraction to show that the other driver failed to exercise reasonable care. This is a key factor in proving liability in a car accident case.
Role of Evidence in a Claim
A successful car accident claim often depends on strong evidence. This can include a police report, witness statements, traffic camera footage, and phone records. If a police officer notes that the at-fault driver was texting or looking at a phone, this can support the claim.
Medical treatment records, photos of damaged vehicles, and proof of physical therapy or emotional distress can also help show the full impact of the crash. The more clearly distraction is linked to the collision, the stronger the case becomes.
Effects on Compensation
When distraction is proven, it may increase the total compensation awarded. This includes payment for medical bills, lost wages, and property damage. Victims may also receive non economic damages for pain, emotional distress, and reduced quality of life.
Insurance companies often try to minimize payouts. A car accident attorney can help fight for fair compensation by showing how distraction contributed to the crash.
Serious Injuries and Long-Term Impact
Crashes involving distracted drivers often lead to serious injuries or even catastrophic injuries. These injuries can require long-term care, ongoing physical therapy, and extended time away from work. The financial and emotional toll can be heavy.
Why Legal Representation Matters
After a crash involving distracted driving, having the right legal help can make a major difference in the outcome of a car accident claim.
The Role of a Car Accident Attorney
A car accident attorney helps injured drivers and passengers gather evidence, deal with insurance companies, and pursue full compensation. These tasks are difficult to manage alone, especially while recovering from serious injuries. An experienced lawyer understands how to prove that the other driver was distracted and how to hold them accountable under South Carolina law.
At Connell Law Firm, the legal team focuses on helping injured people in Camden and throughout South Carolina. They handle auto accident cases with attention to detail and clear communication. Their attorneys work directly with clients and do not pass cases off to outside firms or assistants.
Fighting Insurance Company Tactics
Insurance companies may try to reduce or deny valid claims. They often argue that the injured driver was also at fault or that the injuries are not as serious as reported. A car accident lawyer from Connell Law Firm can counter these arguments with clear evidence, including police reports, medical records, and proof of distraction such as cell phone use.
Connell Law Firm knows how to handle tough negotiations and is prepared to take cases to court if needed. They focus on protecting the rights of injured clients and pushing for total compensation for all losses.
Support After Serious Injuries
Crashes involving distracted drivers can lead to lasting pain, emotional distress, and the need for ongoing care. A strong legal team helps clients recover payment for medical treatment, physical therapy, and lost income. They also help document the effects of injuries on daily life, which is important when seeking noneconomic damages.
Connell Law Firm offers a free consultation to discuss the details of the accident and explain legal options. They guide clients through every step of the legal process with steady support and clear advice.
Focused on Results
Connell Law Firm has built a reputation for serving clients with integrity and results. Their approach is straightforward and focused on what matters most: helping injured people recover from the impact of distracted driving crashes and move forward with their lives.
Consult With An Experienced Camden Car Accident Lawyer ASAP!
If you or someone close to you has been injured in a crash caused by a distracted driver, you should not have to face the legal and financial challenges alone. Our team at Connell Law Firm is committed to standing by your side every step of the way. We understand the impact these accidents have on your health, your finances, and your future.
Contact us at [phone] for a free claim review today!