Distracted driving happens when a driver's attention shifts away from the road, whether that's texting, eating, adjusting the GPS, or talking to passengers. It's also one of the leading causes of rear-end collisions, since a driver who isn't watching the road ahead often doesn't see brake lights in time to stop. If you were hurt by a distracted driver, here's what you need to know and how we can help.
What to Do Right Now
- Get medical attention immediately, even if you feel okay.
- Call the police so an official report gets filed.
- Take photos of both vehicles and the scene if you're able.
- Get witness contact information. Distracted driving is often denied by the at-fault driver, so an outside account matters.
- Don't give a detailed statement to the other driver's insurance company before talking to an attorney.
Do You Need a Lawyer After Being Injured in a Distracted Driving Crash and What Does It Cost?
Distracted driving is notoriously hard to prove because the at-fault driver almost never admits to it. That's exactly the kind of investigation a lawyer is built for, and it costs you nothing upfront to have one on your side. We handle these cases on a contingency fee basis, so we only get paid if we recover money for you. Just as important to us, our firm believes in frequent, clear communication. We never want our clients left wondering where their case stands or what steps we're taking to secure a full, fair recovery. We're your advocate, and we're always available by phone and email.
How Much Is a Distracted Driving Case Worth?
Every case is different, and the value of yours depends on your injuries, medical costs, lost wages, and how clearly distraction can be proven. For a full breakdown, see How Much Is My Car Accident Worth.
In some distracted driving cases, you may also be able to recover punitive damages, extra compensation meant to punish especially reckless conduct. This is the exception, not the rule. South Carolina law requires clear and convincing evidence that the driver's conduct was willful, wanton, reckless, or malicious, and courts award this rarely, even for the most experienced attorneys. Using a phone alone doesn't guarantee it. We'll give you an honest read on whether your case qualifies rather than promise it upfront.
If the distracted driver who hit you doesn't carry enough insurance to cover your injuries, which happens more often than you'd expect, your own underinsured motorist coverage may be able to make up the difference.
How Common Is Distracted Driving?
According to NHTSA data, distraction-related crashes killed 3,275 people and injured an estimated 324,819 more nationally in 2023, accounting for 13% of all crashes. It's a real and growing problem, not just an inconvenience.
Common Injuries in Distracted Driving Crashes
Because distracted drivers often fail to brake or react in time, these crashes frequently happen at higher speeds than a driver would expect, and the injuries reflect that:
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash and soft tissue damage
- Broken bones
- Torn ligaments
These aren't just medical terms on a chart. A neck injury or a concussion can mean weeks away from work, help needed with things you used to do without thinking twice, and a real strain on the people who step in to support you while you heal. In the most serious cases, a distracted driving crash proves fatal, and it becomes the basis for a wrongful death claim.
What Counts as Distracted Driving?
When people think of distracted driving, texting is usually what comes to mind. But there are many forms it can take:
- Typing a destination into the GPS
- Grooming (putting on makeup, brushing hair, etc.)
- Talking to other passengers
- Talking on a cell phone
- Texting, including checking social media
- "Rubber-necking," or looking at scenery or another accident on the road
- Eating while driving
South Carolina's Distracted Driving Laws
South Carolina banned texting and driving in 2014, but the penalty is only a $25 fine, and officers often struggle to enforce it since drivers can claim they were adjusting music or using GPS instead. A proposed hands-free law failed to pass in 2019. There's still no comprehensive statewide ban on distracted driving generally, only on texting specifically, though momentum continues to build for stronger legislation, and we'll keep monitoring developments.
How Do You Prove the Other Driver Was Distracted?
Proving distraction is one of the most challenging parts of these cases, since the other driver will almost certainly deny it. There are several legal tools we use to build that proof:
- A preservation of evidence letter (also called a "spoliation" letter), sent to the at-fault driver and their insurance company as soon as possible after the wreck. This demands that their phone, along with text, email, and social media data, be preserved exactly as it existed at the time of the crash. If evidence is destroyed after receiving this letter, a judge can inform the jury of that fact, which reflects very badly on the defendant. If it isn't destroyed, the text messages themselves may become the clearest proof of what happened.
- Discovery, the formal legal process of uncovering evidence once a lawsuit is filed. This includes written requests (interrogatories, requests for production, and requests to admit) aimed at establishing that a phone, or some other distraction, caused the crash.
- A subpoena to the driver's cell phone provider, to obtain call and data records. Even a basic call history or data usage log can help show how much time the driver spends on their phone.
- Depositions, where an attorney can press on the distraction issue directly. In practice, a driver rarely runs into the back of another car unless they were speeding, following too closely, or distracted, some combination of the three. Even if a driver won't admit to using their phone, they'll often be forced to admit to at least one other safety violation instead.
Common Questions About Distracted Driving Claims
If you were seriously hurt, yes. These cases hinge on proving something the other driver will likely deny, and that kind of investigation, spoliation letters, subpoenas, discovery, is exactly what a lawyer is equipped to handle. It costs you nothing upfront.
It depends on your injuries, costs, and how clearly distraction can be proven, and may include punitive damages given how reckless this conduct tends to be. See How Much Is My Car Accident Worth for more detail.
This is extremely common. A spoliation letter, phone records obtained by subpoena, and witness or deposition testimony are the main tools used to prove distraction even when the driver denies it.
It's possible in the right case, but it's the exception rather than the rule. South Carolina requires clear and convincing evidence that a driver's conduct was willful, wanton, reckless, or malicious, and courts reserve this for genuinely egregious conduct, not every instance of phone use behind the wheel. We'll evaluate your specific facts honestly rather than assume this applies.
South Carolina generally gives you three years from the date of the accident, though exceptions can shorten or extend that window depending on your case.
Talk to a South Carolina Distracted Driving Accident Lawyer
If you've been hurt by a distracted driver anywhere in South Carolina, we're ready to talk through what happened and what your options look like.
Call us at (803) 790-2800 (Columbia) or (843) 427-2800 (Myrtle Beach), or fill out our online contact form. We'll get back to you promptly.