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Many car accidents stem from inattentive driving. Although distracted drivers may not intend to hurt anyone else, these wrecks often cause devastating and sometimes permanent damages for the other parties involved.
If you suffered injuries in a collision with a distracted motorist, you may be able to recover financial compensation for your damages. With help from a Fort Hill distracted driving car accident lawyer, you could hold the at-fault party responsible for their actions. Call Schiller & Hamilton to speak with a seasoned auto collision attorney.
Common Types of Distracted Driving in Fort Mill
Texting or otherwise operating a smartphone while driving is a common distraction, but there are many other instances in which a person’s attention might drift away from the road. Distractions can be as innocuous as turning on the A/C or briefly getting lost in thought. Motorists could also be overtly reckless by applying makeup or reading a book while driving
No matter the distraction, inattentive driving could constitute legal negligence if another person is injured as a result. An attorney who focuses on car accident claims could determine if an individual’s actions constitute distracted driving.
Proving Liability in an Inattentive Driving Claim
Proving negligence is essential to civil recovery. A defendant may be considered legally negligent if they:
- Owed a duty to care to the plaintiff
- Violated that duty
- Caused an accident as a result of their actions
- Caused the plaintiff to suffer compensable losses as a result of the accident
Anyone who is found liable for an auto wreck in court could be financially responsible for an injured party’s damages. Every driver in the state must abide by the law and drive safely, so taking legal action when they fail in this duty is important. It may be beneficial to hire a local distracted driving car crash lawyer to help prove causation between the defendant’s actions and the plaintiff’s injuries and losses.
Collecting Evidence in an Auto Wreck Case
Proving that distracted driving directly caused a car accident can be a simple and straightforward process with the assistance of a lawyer. The South Carolina Code of Laws §56-5-3890 explicitly prohibits motorists from reading or sending text messages while driving. Therefore, a defendant who was cited for texting while driving at the scene of the crash would most likely be liable in a civil claim.
In other situations, demonstrating liability may require an attorney to construct a comprehensive picture of fault based on a preponderance of available evidence. A legal representative could gather evidence like traffic camera footage, eyewitness accounts, pictures and videos of the scene, and even testimony from accident reconstruction experts. An attorney in the area could use their resources to collect adequate evidence in a car accident case.
Speak with a Fort Mill Distracted Driving Car Accident Attorney Today
Even a small distraction while operating a motor vehicle can cause catastrophic harm. If you suffered injuries because of a distracted motorist and wish to pursue damages, you may need to act quickly.
Assistance from a Fort Mill distracted driving car accident lawyer may be the key to achieving a favorable verdict in your case. Call our office today to schedule an initial consultation.