How Distracted Driving Impacts Accident Claims in South Carolina

Drivers in South Carolina share the road with thousands of others every day. Most people expect others to follow basic rules and pay attention. When someone looks at a phone, eats, adjusts a screen, or daydreams, that trust is broken. Crashes caused by distracted driving are common, and they often lead to serious injuries.

What many people do not realize is how much distraction affects what happens after the crash. It can change who is blamed, how evidence is gathered, and how much money an injured person may recover. Understanding how distraction fits into an accident claim helps victims protect their rights and avoid costly mistakes.

What Counts as Distracted Driving

Distraction is anything that pulls a driver’s focus away from the road. It usually falls into three main types:

Visual distraction happens when a driver looks away from traffic. This includes reading a text, checking GPS, or looking at something outside the car.

Manual distraction means taking hands off the wheel. Eating, reaching for objects, or holding a phone all fit here.

Mental distraction is when the mind drifts. A driver may stare ahead but think about work, stress, or conversations instead of driving.

Many actions involve more than one type at once. Texting, for example, uses the eyes, hands, and mind. That is why it is so dangerous.

South Carolina law bans texting while driving for all drivers. New drivers face even stricter limits. Even when an action is not specifically banned, it can still be used as proof of careless behavior in a civil claim.

Why Distraction Matters in Injury Claims

After a crash, insurance companies and lawyers focus on fault. South Carolina follows a modified comparative fault system. This means each party can share some blame.

An injured person can recover money as long as they are less than 51 percent at fault. However, their compensation is reduced by their share of blame.

If a driver was distracted, that fact can strongly influence fault. A driver who looked at a phone instead of the road may be seen as careless. This can push most or all of the blame onto that driver.

For victims, proving the other driver was distracted can make the difference between a weak claim and a strong one. For drivers accused of distraction, it can increase financial risk.

How Distraction Is Proven

Distraction is not always obvious. Unlike speeding, there may not be clear physical evidence at the scene. Proving it often takes careful investigation.

• Police reports: Officers may note if a driver admitted to using a phone or if witnesses said the driver looked down before impact.

• Witness statements: Other drivers, passengers, or pedestrians may have seen what happened in the seconds before the crash.

• Phone records: Calls, texts, or data use around the time of the wreck can support a claim.

• Video footage: Traffic cameras, dash cams, and nearby business cameras may capture the driver’s actions.

• Vehicle data: Some cars record braking, speed, and steering. A lack of braking before impact can suggest inattention.

Each piece alone may not be enough. Together, they can tell a clear story.

Common Types of Distraction Seen in Claims

• Texting and phone use: Despite the law, many drivers still glance at screens. Even a few seconds of looking away can cause a crash.

• Navigation systems: Drivers often adjust routes or search for locations while moving.

• Eating and drinking: Spills or dropped food can take attention away at the wrong moment.

• Passengers: Children or loud groups can distract drivers.

• Fatigue and daydreaming: A tired or mentally distracted driver may miss signals, slow traffic, or hazards.

How Distraction Affects Fault

When distraction is proven, it often leads to a finding of negligence. Negligence means failing to act with reasonable care. Drivers have a duty to pay attention. Breaking that duty by being distracted can make them legally responsible for the harm they cause.

If both drivers were distracted, fault may be shared. For example, one driver might be texting while another was adjusting a radio. In that case, each person’s actions are weighed.

If the injured person was distracted, their own compensation may be reduced. For example, if a victim is found 20 percent at fault, their award is cut by 20 percent.

This is why every detail matters. Small facts can shift the balance of fault.

Impact on Insurance Claims

Insurance companies look closely at distraction. If their insured driver was distracted, they may try to limit what they pay. They may argue that the other driver also shares blame.

If the injured person was distracted, insurers often use that to lower settlement offers. They may claim the victim caused or contributed to the crash.

Insurance adjusters may look at phone records, social media activity, and statements made at the scene. Even casual comments like “I didn’t see them” can be used against a driver later.

Because of this, it is important for injured people to be careful about what they say and to seek legal guidance before giving detailed statements.

Criminal Charges and Civil Claims

Distracted driving can lead to traffic tickets or criminal charges. For example, texting while driving can result in a citation. In serious cases, a distracted driver who causes a fatal crash may face more severe charges.

Criminal cases and civil injury claims are separate. A ticket or conviction can help show fault in a civil case, but it is not required. Even if no criminal charge is filed, a distracted driver can still be held financially responsible.

Likewise, a driver may be found not guilty in criminal court but still be found liable in a civil claim. The standards of proof are different.

Challenges in Proving Distraction

One of the biggest challenges is lack of direct evidence. Drivers often deny being distracted. Phones may be locked or records may not clearly show use.

Privacy rules can also limit access to phone data. Lawyers often need court orders to get detailed records.

Time matters. Video footage is often erased after days or weeks. Witness memories fade. The sooner an investigation starts, the better.

Another challenge is bias. Some people assume distraction only means phone use. In reality, many other behaviors qualify. Proving mental distraction is especially hard because there is no clear record.

Despite these challenges, careful work can uncover strong proof.

Steps Victims Can Take After a Crash

What a person does after a crash can affect their claim:

• Call the police to create an official report

• Get medical help immediately to document injuries

• Take photos of vehicle damage, skid marks, traffic signs, and the scene

• Get contact information from witnesses

• Avoid arguing or admitting fault at the scene

• Do not post about the crash on social media

• Contact a lawyer before dealing with insurance in detail

Role of a Personal Injury Lawyer

A lawyer’s job is to gather proof, deal with insurers, and fight for fair payment.

In distracted driving cases, lawyers often:

• Collect police reports and witness statements

• Request phone and vehicle records

• Search for video footage

• Work with experts who can explain how the crash happened

• Handle communication with insurers

They also calculate damages, including medical bills, lost income, pain, and future care needs.

If a fair settlement is not offered, a lawyer can file a lawsuit and take the case to court.

Long Term Effects of Distracted Driving Crashes

Many people think of crashes as short events with short recovery. That is often not true.

Injuries can last for years. Some victims deal with chronic pain, limited movement, or emotional distress.

Lost work time can affect careers. Some people cannot return to the same job.

Families may have to provide care, change routines, or face financial strain.

When distraction causes these outcomes, the law allows victims to seek compensation. The goal is not to punish but to help restore what was lost as much as money can.

Conclusion

Understanding how distraction affects claims helps both drivers and victims.

Drivers who know the risks may be more careful. A moment of inattention can change lives and lead to serious legal trouble.

Victims who understand the process can take steps to protect themselves. They can gather proof, avoid common mistakes, and seek help early.

Every case is different. Facts matter more than assumptions. But one rule stays the same. Paying attention behind the wheel is not optional. It is a basic duty.

When that duty is ignored, and someone is hurt, the law in South Carolina provides a way to seek justice. Knowing how distraction fits into that process is the first step toward using it well.