Distracted driving is one of the leading causes of serious accidents on South Carolina roads. Every year, thousands of drivers, passengers, and pedestrians are injured because someone decided to look at their phone, eat behind the wheel, or lose focus for just a few seconds. Unfortunately, those few seconds can change lives forever.
In this post, we’ll discuss the dangers of distracted driving in South Carolina, the laws designed to prevent it, and what to do if you’ve been injured by a distracted driver. We’ll also explain how a South Carolina car accident lawyer can help you pursue compensation and how distracted driving relates to broader issues like negligence, comparative fault, and catastrophic injuries.
What Is Distracted Driving?
Distracted driving happens when a driver’s attention is diverted away from the primary task of driving. The Centers for Disease Control and Prevention (CDC) identifies three main types of distraction:
- Visual – taking your eyes off the road
- Manual – taking your hands off the wheel
- Cognitive – taking your mind off driving
Even a brief distraction, such as glancing at a text message or adjusting the radio, can be enough to cause a crash.
Common examples of distracted driving include:
- Texting or scrolling on a phone
- Eating or drinking while driving
- Talking to passengers or handling children in the car
- Using GPS or changing music
- Daydreaming or being mentally distracted
A driver who’s looking at a text for just five seconds while traveling 55 mph covers the length of a football field completely blind.
South Carolina’s Distracted Driving Laws
South Carolina prohibits texting while driving under state law (§56-5-3890). Drivers caught using a handheld device for texting or emailing can face fines, but more importantly, this behavior can serve as evidence of negligence in a personal injury case.
Although South Carolina doesn’t currently have a full hands-free driving law, many cities, including Columbia, Mount Pleasant, and Clemson, have adopted local ordinances that ban handheld phone use entirely.
If a distracted driver causes an accident, their violation of these laws can be used to prove fault. A skilled South Carolina distracted driving attorney can obtain phone records, dashcam footage, or witness testimony to show the driver wasn’t paying attention at the time of the crash.
The Real-World Consequences of Distracted Driving
Distracted driving isn’t a harmless habit, it’s a leading cause of fatal and catastrophic accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claims more than 3,000 lives every year in the U.S.
In South Carolina, it contributes to a large portion of rear-end collisions, intersection accidents, and pedestrian fatalities. Victims often suffer devastating injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and internal bleeding
- Whiplash and back injuries
- Psychological trauma and anxiety
When such injuries occur, victims may face lifelong disabilities, high medical bills, and loss of income, all of which can be addressed through a personal injury claim.
For a deeper look at how these severe cases are handled, you can read our related post Navigating a Claim After a Catastrophic Injury.
Proving Negligence in a Distracted Driving Case
To recover compensation, your personal injury attorney must prove that the at-fault driver’s distraction directly caused your injuries. This involves showing four elements of negligence:
- The driver owed you a duty of care.
- They breached that duty by driving while distracted.
- Their distraction caused the collision.
- You suffered measurable damages (medical bills, lost wages, pain and suffering).
Proving distraction isn’t always simple. That’s why experienced car accident lawyers often use:
- Cell phone and text records
- Vehicle data and black box information
- Surveillance footage
- Eyewitness accounts
- Police reports citing distraction
If you’re not familiar with how negligence is proven, our article Understanding Negligence: How It Applies to Your Personal Injury Case explains the process in more detail.
How Comparative Negligence Can Affect Your Claim
South Carolina follows a modified comparative negligence law, meaning you can still recover damages as long as you are less than 51% at fault for the accident.
However, your compensation will be reduced by your share of fault. For example, if you were found 20% responsible for being distracted yourself, your recovery would be reduced by that percentage.
A South Carolina car accident attorney will work to minimize any unfair blame placed on you and maximize your total compensation. You can learn more about this rule in our post Understanding South Carolina’s Comparative Negligence Law.
Steps to Take After Being Hit by a Distracted Driver
If you suspect the driver who hit you was distracted, take these steps right away:
- Call 911 and report the accident.
- Seek medical attention, even if your injuries seem minor.
- Document the scene, take photos of vehicle positions, damage, and road conditions.
- Get witness contact information. They may have seen the driver on their phone.
- Avoid speaking to insurance adjusters alone.
- Contact a personal injury lawyer immediately.
A lawyer can issue subpoenas for phone records, interview witnesses, and build a case that proves distraction played a role.
Recoverable Damages in Distracted Driving Cases
Victims of distracted driving accidents may be entitled to compensation for:
- Medical bills and rehabilitation costs
- Lost wages and future income
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages (in cases of gross negligence)
If the crash resulted in a fatality, the victim’s family may pursue a wrongful death claim. Our post When to File a Wrongful Death Claim in South Carolina explains who can file and what damages may be available.
Preventing Distracted Driving
While legal action can hold negligent drivers accountable, prevention is always best. Here are some safety tips:
- Silence or store your phone before driving.
- Use hands-free systems if you must take a call.
- Avoid eating or multitasking while behind the wheel.
- Stay alert, especially in school zones and intersections.
Distracted driving is 100% preventable, and every driver’s focus can save lives.
Get Legal Help from McWhirter, Bellinger & Associates
If you’ve been injured in a crash caused by a distracted driver, you don’t have to handle the aftermath alone. At McWhirter, Bellinger & Associates, our experienced South Carolina car accident lawyers will investigate the collision, prove negligence, and fight for the full compensation you deserve.
Call 803-653-6449 today for a free consultation. Our offices are conveniently located in Columbia, Lexington, Orangeburg, Camden, Sumter, Aiken, and Newberry.
We’ll take on the insurance companies so you can focus on what matters most, your recovery.
