(864) 582-0416 Distracted driving is the leading cause of auto accidents in the Palmetto State and across the entire country—more than moving violations, lack of experience, or even impairment from alcohol or drugs. Furthermore, with the exception of reading, writing, or sending text messages on a mobile communication device, state law doesn’t define any form of distracted driving as a distinct traffic offense. This means you may not be able to use a citation in a police report as evidence that a distracted driver was at fault for a wreck you were involved in.
However, that doesn’t mean it’s impossible to successfully get a settlement or file suit over distracted driving car accidents in Spartanburg, especially if you have help from seasoned legal counsel. By working closely with a car wreck attorney from Holland & Usry, you’ll be able to build a stronger claim and have a better chance of financial recovery than if you try to proceed with your claim alone.
Although not all forms of distracted driving qualify as moving violations in the same way that speeding or running a red light do, distracted driving still constitutes legal “negligence” in virtually every situation. That’s because every driver has a duty of care under South Carolina law that requires them not only to obey traffic laws, but also to remain focused on the road at all times while driving.
So, if another driver involved in your recent Spartanburg car crash was distracted behind the wheel when that crash occurred, they’ve violated the duty of care they owed you. If that breach of duty was the main and direct cause of your crash-related losses, you can hold that person legally at fault for the incident and demand restitution from them and their insurance provider for your damages. Your attorney can explain how this works during a free initial case review.
Just because someone else was mostly at fault for your wreck doesn’t mean a court will assume you were not at fault. In fact, it’s very common for both insurance adjusters and defense lawyers to argue that someone injured through a distracted driving auto accident in Spartanburg was partly at fault through their own reckless or careless actions—and potentially even their own distracted driving.
“Comparative fault” can be a bigger obstacle than you might expect to financial recovery after a wreck, since any percentage assigned to you can be reduced from the value of your final settlement or damage award—or even used as a reason to deny you compensation altogether. Help from a capable legal professional can be important when it comes to fighting this type of allegation and maximizing the compensation available to you through your claim.
Distracted drivers are extremely dangerous to themselves and to everyone around them on public roads. Unfortunately, they can also be difficult to get a settlement against after they cause wrecks through their negligent behavior, since there often isn’t much hard evidence proving that they were distracted or that their distraction was the main cause of the wreck they were involved in.
That’s why it can be crucial to seek help from experienced legal representatives who will fight for you like you were a member of their own family. Call Holland & Usry today to learn how we can provide the custom-tailored support you deserve after distracted driving car accidents in Spartanburg. Get a free case review now.
