Greenville Distracted Driving Lawyers
Distracted driving has become one of the most persistent and dangerous problems on South Carolina roads. Each year, thousands of crashes across the state are tied to drivers who allow their attention to drift from the task of driving. At Davis & Snyder Injury Attorneys, we have seen firsthand how a lapse in focus can change a client’s life forever. Our Greenville distracted driving lawyers handle these cases with unwavering dedication, drawing on decades of combined experience on both the plaintiff and defense sides of personal injury litigation. That dual perspective gives us unique insight into how insurers defend distracted driving claims and how to build cases that stand up to their scrutiny. We know the challenges involved in proving distraction, and we bring the skill, compassion, and determination needed to pursue the accountability and compensation our clients deserve.
The Three Major Forms of Driver Distraction
Distracted driving is not limited to texting. It includes any activity that diverts a driver’s eyes, hands, or mind away from the road. Although distraction takes many forms, it generally falls into three categories that frequently overlap and compound each other.
Visual Distractions
Visual distractions take a driver’s eyes off the roadway. A driver who looks down at a phone notification, reads a billboard, or glances into the backseat can miss critical moments that would otherwise allow time to brake, steer, or avoid an unexpected hazard. Even a quick look away, such as reading a message preview or searching for an item inside the vehicle, can have catastrophic consequences at highway speeds.
Manual Distractions
Manual distractions involve taking one or both hands off the wheel. Common examples include holding a cellphone, eating, adjusting the radio, reaching for dropped items, opening packaging, or programming a navigation system. When a driver removes their hands from the wheel, the ability to make sudden movements or control the vehicle diminishes, increasing the risk of losing control entirely.
Cognitive Distractions
Cognitive distractions pull the driver’s mind away from the task of driving, even when their hands remain on the wheel and their eyes appear to be on the road. Daydreaming, thinking through work issues, participating in intense conversations, using voice-to-text systems, or experiencing emotional distress can impair reaction times and decision-making. Cognitive distraction is often the most underestimated form of distracted driving, yet it is one of the most common causes of serious crashes.
Because distracted driving crashes often involve overlapping forms of distraction, identifying and proving the root cause requires a thorough investigation. Our team knows how to reconstruct the timeline of events, obtain phone records where appropriate, analyze onboard vehicle data, and uncover evidence that helps demonstrate how and why the crash occurred.
South Carolina Laws on Texting and Handheld Cellphone Use
South Carolina enacted its primary texting-while-driving law to reduce crashes tied to mobile device use. Understanding these laws is essential for victims pursuing compensation, as violations can support the establishment of negligence in a civil injury claim.
South Carolina Code § 56-5-3890 makes it unlawful for a driver to read, write, or send a text message or other written communication while operating a motor vehicle. The law applies whenever the vehicle is in motion, regardless of speed. The statute includes a few narrow exceptions, such as using a GPS program or texting while lawfully stopped, but drivers often stretch these exceptions well beyond their intent.
While South Carolina does not currently impose a universal ban on handheld cellphone use for all drivers, handheld use can still constitute negligence if it contributes to a crash. Law enforcement may issue citations for texting violations, and evidence of illegal device use can play a significant role in establishing liability in a personal injury case. Professional drivers, including rideshare operators and commercial vehicle drivers, are held to stricter standards under federal regulations and company policies.
Our attorneys frequently work with clients whose collisions were caused by drivers who tried to hide their device use. We know how to obtain evidence such as phone metadata, surveillance video, and witness testimony. With our deep understanding of how distracted driving laws are enforced and interpreted, we are able to build strong claims that challenge insurance company attempts to deny or minimize responsibility.
How Distracted Driving Causes Serious and Life-Changing Injuries
The injuries resulting from distracted driving are often severe because the distracted driver typically fails to brake or take evasive action until it is too late. Our clients frequently face long-term medical needs, lost income, and profound disruptions to their daily lives. We regularly represent victims who have suffered:
- Traumatic brain injuries, including concussions and more severe forms of head trauma that can impair cognitive function, memory, and balance.
- Neck, back, and spinal injuries, including herniated discs, nerve damage, and, in some cases, permanent paralysis.
Other serious injuries often include broken bones, internal organ damage, burns from airbag deployment, and psychological trauma such as post-accident anxiety. We understand how overwhelming these injuries can be for victims and their families, and we guide our clients through each step of the recovery and claims process.
Insurance Company Tactics in Greenville Distracted Driving Cases
Insurance companies regularly attempt to minimize their payout exposure by disputing fault, downplaying injuries, or shifting blame onto the victim. When distraction is suspected but not immediately documented in the police report, insurers often seize on that lack of initial proof to argue that the distracted driver acted reasonably or that the victim contributed to the collision.
Common insurance tactics include:
- Suggesting the injured party caused or contributed to the crash, even when evidence supports the opposite conclusion.
- Claiming that the injuries were minor, preexisting, or unrelated to the incident.
- Questioning vehicle damage patterns to imply the crash could not have caused the reported symptoms.
Our firm’s experience working on both the plaintiff and defense sides gives us a clear understanding of these tactics and how to counter them. Because we have spent years analyzing claims from both perspectives, we know how insurers evaluate liability, assign partial fault, and assess injury severity. That insight enables us to anticipate their strategies, gather the right evidence early, and present a compelling narrative that undermines their arguments.
The Importance of Legal Representation After a Distracted Driving Crash in Greenville
Pursuing a distracted driving claim without knowledgeable legal support puts victims at a disadvantage. Proving distraction often requires a detailed investigation, strategic legal analysis, and persistence in obtaining records that an at-fault driver may prefer to keep private. Our team handles every aspect of the case so clients can focus on their medical recovery.
We communicate directly with insurers, document the full extent of losses, and position each claim for maximum compensation. Whether negotiating a settlement or preparing for litigation, we advocate with the skill and tenacity developed through decades of courtroom experience. Our approach is grounded in compassion for our clients and a commitment to achieving meaningful results for individuals harmed by preventable negligence.
Frequently Asked Questions
What if the other driver denies they were distracted?
It is common for at-fault drivers to deny distraction. We work to gather independent evidence, including witness statements, phone records, vehicle data, and traffic camera footage, to prove what happened.
Is texting while driving automatically considered negligence in South Carolina?
A violation of the texting statute is strong evidence of negligence, though it does not automatically determine liability. It does, however, significantly strengthen a victim’s claim.
Can I still recover compensation if I was partially at fault?
Yes. South Carolina uses a modified comparative negligence system. As long as you are not more than 50 percent at fault, you can still recover compensation, though your award may be reduced.
What if I were injured as a pedestrian or cyclist?
Distracted drivers are often responsible for pedestrian and bicycle collisions. We represent victims in these cases and pursue compensation for medical bills, lost wages, and pain and suffering.
How long do I have to file a distracted driving claim?
In most cases, South Carolina’s statute of limitations for personal injury claims is three years, but acting quickly helps preserve evidence that can support your case.
Contact Our Greenville Distracted Driving Lawyers Today
If you or someone you love was injured because another driver allowed distraction to take priority over safety, we are prepared to help you pursue the justice and compensation you deserve. Our team at Davis & Snyder Injury Attorneys stands ready to investigate your case, protect your rights, and guide you through the legal process with care and professionalism. Contact us today to schedule a free consultation and learn how we can advocate for you during this challenging time.
