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MYRTLE BEACH ATTORNEYS OF THE YATES FIRM
Myrtle Beach Distracted Driving Accident Lawyers
If you sustained injuries in a distracted driving accident due to someone else’s negligence, contact The Yates Firm immediately. We might be able to represent you in a case against the at-fault driver and recover the money owed to you.
Distracted driving occurs when a driver engages in behavior that shifts their focus from driving. Distractions are dangerous to any driver. Anyone can crash into another car or hit a pedestrian if they’re unaware of their surroundings.
At The Yates Firm, we know how to hold people liable for injuring others. We believe every accident victim deserves the chance to seek compensation. You can count on us to fight by your side until the end. Call (843) 692-3237 today for your free consultation with one of our Myrtle Beach car accident lawyers.
Common Types of Distractions
According to the National Highway Traffic Safety Administration, 3,142 people died in distracted driving accidents in 2020. Performing any task while driving that prevents motorists from paying attention to their surroundings and having total control over their vehicle is careless.
Three types of driver distractions can lead to a car crash.
Manual distractions take a person’s hands off the steering wheel while they perform another task. Many drivers spend their commutes making phone calls, responding to emails, and eating. These behaviors require one or both hands. Reacting to a hazard or stopped traffic without both hands on the wheel is challenging.
The most common types of manual distractions include:
- Changing the radio
- Sending an email or text
- Eating and drinking
- Reaching for something in the back seat
A visual distraction is a task that directs a driver’s eyes to something other than the road. When someone ignores what’s happening in front of them, they likely won’t notice a pedestrian crossing the street or a car stopped in the middle of the road.
Common examples of visual distractions include:
- Looking at a GPS for directions
- Reading a newspaper, text, or email
- Turning to talk to a passenger
- Watching something on the side of the road
Cognitive distractions redirect a driver’s attention from driving. Focusing on something other than driving prevents a person from noticing dangers and responding appropriately.
The most common types of cognitive distractions include:
- Thinking about an upsetting or stressful scenario
- Engaging in road rage
- Singing along to the radio
You should reach out to The Yates Firm if you believe driver distraction contributed to the car accident that injured you. You should not be financially responsible for your medical treatment and other expenses if someone else is at fault for what happened.
Injuries in Distracted Driving Accidents
The injuries suffered in distracted driving crashes range from minor to life-threatening. Even a minor injury might require some form of medical attention, leading to expensive medical bills. You can face significant financial strain and debt if you can’t afford to pay.
The most common injuries in distracted driving crashes include:
- Spinal cord injuries
- Traumatic brain injury
- Internal bleeding
- Tissue or nerve damage
- Pulled or sprained muscles
- Back and neck injuries
- Torn tendons
- Emotional trauma
- Broken bones
Some people need months or years of treatment to recover. Others never fully heal from the extensive injuries they suffer. The consequences of a distracted driving accident can be far-reaching and affect every aspect of a person’s life.
Compensation for Injuries in a Distracted Driving Accident
South Carolina requires every driver to buy liability insurance with minimum limits to cover someone else’s injuries in an accident. You can file a claim with the at-fault motorist’s insurance company for a settlement to compensate for your medical bills and other incurred costs. You might also have the option of filing a lawsuit directly against the negligent party.
Whether you file a claim or lawsuit, you can recover compensation for:
- Loss of enjoyment of life
- Hospital bills, physical therapy, and other medical expenses
- Pain and suffering
- Lost wages
- Lost earning capacity
- Emotional distress
- Property damage
You might also be able to pursue punitive damages in a lawsuit. This type of financial award punishes the defendant for their misconduct and is meant to deter similar acts in the future. You must provide clear and convincing evidence of the at-fault driver’s reckless, willful, or wanton conduct for the court to award these damages to you.
Compensation for Wrongful Death
South Carolina Code § 15-51-10 defines wrongful death as the death of a person caused by another’s neglect, wrongful act, or default.
You can pursue a wrongful death case for the death of a loved one in a distracted driving accident if you are the personal representative of the deceased’s estate. However, the compensation goes to a surviving spouse, child, or parent. Heirs can receive compensation in a wrongful death lawsuit if there are no surviving parents, children, or spouses.
The money you receive might compensate for:
- Medical bills and other expenses related to the fatal injury
- Funeral and burial expenses
- Loss of the deceased’s experience, judgment, and knowledge
- Pain and suffering endured by surviving family members
- Lost financial support and benefits
- Loss of the deceased’s companionship, protection, and care
Statute of Limitations for Distracted Driving Accidents
In South Carolina, the statute of limitations for car accidents allows a three-year timeframe to file a lawsuit. That means you must initiate your lawsuit against the at-fault party within three years of the crash date to seek compensation.
In wrongful death cases, the statute of limitations also allows a three-year timeframe to file. That means you have three years from the date of your loved one’s death to file your lawsuit.
Contact The Yates Firm Today
The Yates Firm will aggressively pursue the maximum compensation available. We believe in holding people accountable for injuring others. When you hire us, our legal team will fight hard to try to resolve your case favorably. You will receive ongoing communication and personal attention until the end.
If someone else caused your injuries in a distracted driving accident, call The Yates Firm at (843) 692-3237 for a free consultation with one of our Myrtle Beach distracted driving accident lawyers. Let us help you get the justice you deserve.