What Is Considered Distracted Driving?
Distracted driving occurs whenever a driver’s attention is diverted from the task of operating their vehicle. Common distractions include:
- Texting or using a smartphone
- Adjusting the radio or GPS
- Eating or drinking
- Talking to passengers
- Grooming or applying makeup
- Reaching for objects inside the vehicle
South Carolina law prohibits texting while driving, but distractions go beyond texting. Even a momentary lapse in focus can lead to catastrophic accidents. Drivers must remain attentive to avoid causing harm to others.
Injuries Commonly Caused by Distracted Driving Accidents
Victims of distracted driving accidents often suffer severe injuries due to the sudden and unexpected nature of these crashes. Common injuries include:
- Whiplash and neck injuries
- Traumatic brain injuries (TBI)
- Spinal cord damage and paralysis
- Broken bones and fractures
- Cuts, lacerations, and bruises
- Internal injuries
In the most tragic cases, distracted driving accidents can lead to fatalities, leaving families devastated and searching for answers. If you or a loved one has suffered injuries due to a distracted driver, it’s essential to seek legal representation to protect your rights.
Who Can Be Held Liable for Distracted Driving Accidents?
Determining liability in distracted driving accidents often requires a thorough investigation. Depending on the circumstances, multiple parties may be held responsible, including:
- The distracted driver: If their negligence caused the accident, they are primarily liable.
- Employers: If the driver was performing job duties at the time of the crash, their employer may share liability.
- Vehicle manufacturers: In rare cases, defects in a vehicle’s design or technology may contribute to the accident.
Establishing liability is crucial for securing fair compensation. At Bauer & Metro, P.C., we meticulously investigate every detail of your accident to hold the responsible parties accountable.
How a Distracted Driving Attorney Can Help
Navigating the aftermath of a distracted driving accident can be overwhelming, especially when dealing with injuries, medical bills, and insurance companies. A Hilton Head distracted driving accident attorney can:
- Investigate the accident: Collect evidence such as phone records, eyewitness accounts, and police reports to prove distracted driving.
- Negotiate with insurance companies: Insurance adjusters often aim to minimize payouts. An attorney ensures your claim reflects the full extent of your damages.
- Calculate damages: Account for medical expenses, lost wages, pain and suffering, and future costs.
- Represent you in court: If a fair settlement cannot be reached, our attorneys are prepared to take your case to trial.
With a skilled attorney handling your case, you can focus on your recovery while we fight for the justice and compensation you deserve.
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Frequently Asked Questions About Distracted Driving Accidents in Hilton Head, SC
What should I do after a distracted driving accident in Hilton Head, SC?
After a distracted driving accident, your safety comes first. Call 911 to report the crash and request medical assistance. Seek medical attention immediately, even if injuries seem minor. Document the scene by taking photos, gathering witness information, and obtaining a copy of the police report. Finally, contact a Hilton Head distracted driving accident attorney before speaking with insurance companies to protect your rights and preserve critical evidence.
How can distracted driving be proven after an accident?
Proving distracted driving often requires a detailed investigation. Evidence may include cell phone records, dashcam footage, surveillance video, eyewitness statements, accident reconstruction, and police reports. A Hilton Head distracted driving accident lawyer can subpoena phone records, work with experts, and uncover proof that the at-fault driver was texting, using an app, or otherwise distracted at the time of the crash.
Is texting while driving illegal in South Carolina?
Yes. South Carolina strictly prohibits texting while driving under the Hands-Free and Distracted Driving Act, which took effect on September 1, 2025. This law makes it illegal for drivers to hold, support, or use any handheld device—including phones, tablets, or other mobile devices—while operating a vehicle. Violations of this law can be used as evidence of negligence in a distracted driving accident claim.
Key details of South Carolina’s hands-free law include:
- Prohibited Activities: Drivers may not hold or support a device with any part of their body to text, email, browse the internet, watch videos, or interact with apps while driving.
- Permitted Activities: Hands-free technology, such as voice-activated controls, Bluetooth calls, or navigation systems, is allowed as long as the driver is not physically holding the device.
- Penalties: After a 180-day warning period ending February 28, 2026, first offenses result in a $100 fine, while subsequent offenses within three years incur a $200 fine and two points on the driver’s license.
- Exceptions: The law does not apply if the vehicle is lawfully parked or stopped, or if the driver is reporting an emergency.
Before this law, South Carolina only banned texting while driving under the 2014 law. The new hands-free law expands the restriction to all handheld device use, making it easier to establish negligence in distracted driving accidents.
Even if a driver was not texting, other distractions—like adjusting GPS settings, eating, or interacting with passengers—can also contribute to liability in a distracted driving accident. A skilled Hilton Head distracted driving accident attorney can help demonstrate how these distractions caused or contributed to your crash and pursue full compensation for your injuries and losses.
Can I file a distracted driving accident lawsuit in Hilton Head?
Yes. If you were injured due to another driver’s distraction, you may be eligible to file a personal injury claim or lawsuit. A distracted driving accident attorney in Hilton Head, SC can evaluate your case, determine fault, and pursue compensation for medical bills, lost wages, pain and suffering, and future medical care.
What compensation can I recover after a distracted driving accident?
Victims of distracted driving accidents may be entitled to compensation for:
- Medical expenses and future treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Permanent disability or disfigurement
A Hilton Head distracted driving accident attorney will calculate the full value of your claim and fight for maximum compensation.
What if the distracted driver denies being distracted?
It’s common for at-fault drivers to deny distraction. Insurance companies often rely on this denial to minimize claims. An experienced distracted driving lawyer in Hilton Head can gather independent evidence, analyze phone usage, and use expert testimony to establish fault—even when the driver refuses to admit wrongdoing.
Can I still recover compensation if I was partially at fault?
South Carolina follows a modified comparative negligence rule. You can recover compensation as long as you are less than 51% at fault, though your recovery may be reduced. A Hilton Head distracted driving accident attorney can work to minimize any fault assigned to you and protect the value of your claim.
How long do I have to file a distracted driving accident claim in South Carolina?
In most cases, the statute of limitations for personal injury claims in South Carolina is three years from the date of the accident. However, evidence can disappear quickly. Contacting a Hilton Head distracted driving accident lawyer as soon as possible improves your chances of building a strong case.
Why should I hire a Hilton Head distracted driving accident attorney?
Distracted driving cases are often more complex than standard car accident claims. An attorney can:
- Investigate and prove distracted driving
- Handle insurance companies and negotiations
- Accurately value your damages
- File a lawsuit if necessary
- Fight for full and fair compensation
Having an experienced Hilton Head distracted driving accident attorney on your side significantly increases your chances of a successful outcome.
How much does it cost to hire a distracted driving accident lawyer in Hilton Head?
Most distracted driving accident attorneys, including those at Bauer & Metro, P.C., work on a contingency fee basis. This means you pay nothing upfront and no legal fees unless compensation is recovered on your behalf.
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Why Choose Bauer & Metro, P.C. for Your Distracted Driving Case?
At Bauer & Metro, P.C., we bring experience, dedication, and compassion to every case. Here’s why Hilton Head residents trust us:
- Proven Track Record: Our attorneys have successfully recovered compensation for countless accident victims across South Carolina.
- Local Expertise: As a Hilton Head-based firm, we understand the unique challenges of local traffic laws and court systems.
- Personalized Attention: We treat every client like family, taking the time to understand your needs and craft a strategy tailored to your case.
- No Upfront Fees: We operate on a contingency fee basis, meaning you pay nothing unless we win your case.
When you choose Bauer & Metro, P.C., you gain a dedicated legal team committed to protecting your rights and securing the best possible outcome.
Contact Bauer & Metro, P.C. Today
Distracted driving accidents can have life-altering consequences. If you or a loved one has been injured by a distracted driver in Hilton Head, SC, don’t face this challenge alone. The attorneys at Bauer & Metro, P.C. are here to help you navigate the legal process and fight for the compensation you deserve.
Call us today at (843) 920-2844 or fill out our online contact form to schedule your free consultation. Let us be your advocates in this difficult time and help you move forward with confidence.
