Driving a car requires your full attention, and any distractions can cause catastrophic accidents. On average, nine people die in crashes involving distracted driving in the United States every single day.
If you were involved in an accident with a distracted driver, a South Carolina car crash lawyer can help you file a claim. They can review the evidence and look through police reports to see which distracted driving behavior caused your injuries and hold the person responsible liable.
What are the Three Types of Distracted Driving Behaviors?
The Center for Disease Control categorizes distracted driving into three main types:
- Manual distraction: When the driver takes their hands off the wheel to perform another task, this is a manual distraction. Reaching for something in the backseat or footwell, changing the channel on your car’s radio, and drinking coffee are all examples of manual distractions.
- Visual distraction: Visual distractions occur when drivers aren’t paying attention to the road. These distractions include looking at your GPS on your smartphone, turning your head to chat with a passenger, and looking out the window.
- Cognitive distraction: If you take your mind off driving by focusing on something else, you’re engaging in a cognitive distraction. Cognitive distraction involves daydreaming, road rage, and thinking about personal and work-related issues.
The 5 Most Common Distracted Driving Behaviors 
These are some of the most common distracted driving behaviors that can result in serious accidents. Abstain from these actions when behind the wheel.
1. Texting while driving
Cellular devices account for 13% of fatal distracted-related crashes. It may seem harmless to glance down at your smartphone to check for messages. However, looking at your phone for just 5 seconds is equivalent to traveling the length of an entire football field while blindfolded.
To resist looking at your cell phone, put your phone on silent and pull over to a rest area to answer urgent messages. Designate a passenger in your car to text on your behalf while you’re driving.
2. Adjusting the vehicle’s control settings
Most modern cars include an in-car screen or touchscreen infotainment system, but these may also be a source of driver distraction. People spend an average of 40 seconds adjusting their infotainment systems in their cars, increasing the likelihood of a collision.
The National Highway Traffic Safety Administration (NHTSA) has raised concerns about the popularity of in-car screens in vehicles because of the impact distracted driving has on safety. To combat distraction, enter your navigation information into your touchscreen before you leave rather than while on the road. Ask a passenger in your vehicle to adjust the vehicle’s control settings for you when needed.
3. Eating
Eating and drinking while driving can increase the risk of crashing by 3.6 times. A 2012 study reported that eating on the go slows reaction time by up to 44%, while drinking slows reaction time by 22%. If you need to eat while on the road, stop at the next place where you can get food and eat it while parked before continuing to your final destination.
4. Personal grooming
Pull-down mirrors in the front seat of your vehicle should only be used while parked to check your appearance before exiting the car. However, 8% of women were found to groom themselves while driving, as were 3% of men.
A study by the American Automobile Association found that the second most common distraction for teen drivers was personal grooming. Make sure you apply cosmetics and take care of any personal grooming responsibilities before driving.
5. Caring for children
Looking after your children while driving can be a tough balance to strike with safety in mind. A 2012 study found that children might be 12 times more distracting to a driver than talking on a smartphone.
To keep everyone in your car safe, prepare snacks, drinks, and toys to entertain kids ahead of time, so you can focus on the road. If your child needs immediate help, pull over to a safe location to assist them. You should also teach your children that parents need to pay attention to the road so that they can reach their destination safely.
Contact a Car Crash Lawyer
If you think the driver who hit you was distracted, work with an attorney from Joye Law Firm Injury Lawyers who can investigate your accident and determine liability. Contact us today to request a free case review to discuss if distracted driving caused your accident.
Frequently Asked Questions
Distracted Driving
What should I do at the scene of an accident if I suspect the other driver was distracted?
If you are physically able, check on everyone’s safety and call 911 immediately. When speaking with the responding police officer, calmly state the facts that led you to believe the other driver was distracted (e.g., “I saw them looking down at their lap right before they hit me”). If there are witnesses, ask for their contact information, as they may have seen the driver holding a phone or eating. Take photos of the scene, vehicle damage, and the other driver’s vehicle interior if any potential distractions (like a phone on the floorboard or food containers) are visible from the outside, if it is safe to do so.
How do you prove that a driver was distracted if they deny it?
Proving distracted driving often requires a deep investigation. An experienced car accident attorney can gather critical evidence that is difficult for an individual to obtain on their own. This includes:
- Subpoenaing cell phone records to match timestamps of texts, data usage, or calls with the exact time of the crash.
- Obtaining footage from nearby traffic cameras, dashboard cameras, or commercial security systems.
- Downloading data from the vehicle’s Event Data Recorder (EDR), which can show if the driver failed to brake before impact.
- Securing statements from eyewitnesses or passengers who observed the driver’s behavior.
Can a passenger be held responsible for a distracted driving accident?
In most cases, legal liability falls entirely on the driver, as they have the ultimate duty to operate the vehicle safely. However, there are rare exceptions. If a passenger intentionally interferes with the driver’s ability to control the vehicle, the passenger could potentially share liability for the resulting crash.
Will a distracted driving ticket affect the other driver’s insurance?
Yes. If a driver is cited under South Carolina’s Hands-Free law, it typically results in a conviction that appears on their driving record. Insurance companies routinely review these records to assess risk. A conviction for distracted driving often leads to higher insurance premiums for that driver, as they are statistically much more likely to cause an accident.
Can I still recover compensation if I was partially at fault for the accident?
Yes, South Carolina follows a “comparative negligence” rule. This means you can still recover compensation as long as your share of the blame for the accident is not greater than 50%. However, your total financial recovery will be reduced by your percentage of fault. For example, if a jury determines your total damages are $100,000 but finds you 20% at fault because you were speeding slightly, your final award would be reduced to $80,000.
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