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Johnathan MUnderstanding Distracted Driving
Distracted driving encompasses any activity that diverts a driver’s attention from the road. professionals categorize distractions into three main types:
Visual distractions involve taking your eyes off the road. This includes activities like reading a text message, checking a GPS, or rubbernecking at a crash.
Manual distractions occur when a driver’s hands are off the wheel. Actions such as eating, adjusting the radio, grooming, or typing on a phone fall into this category.
Cognitive distractions pull the driver’s mind away from the road, even if their eyes are forward and hands are on the wheel. This can result from a heated phone call, daydreaming, or a loud conversation with a passenger.
Texting while driving is particularly dangerous as it combines all three distraction types. Reading or sending a text for just five seconds at 55 mph means covering the entire length of a football field without watching the road.
The National Highway Traffic Safety Administration (NHTSA) reported that distracted driving caused 3,308 deaths nationwide in 2022. Behind each number is a family that deserved better.
South Carolina’s Hands-Free Law
South Carolina’s strict hands-free law, enacted in 2024, aims to curb such incidents. Under S.C. Code Ann. § 56-5-3890, drivers are prohibited from holding or using a phone while driving. This includes holding the phone to your ear, texting, scrolling, or recording videos.
Penalties for violations are:
First offense: $100
Second offense: $300
Third and subsequent offenses: $500
Each infraction also carries two points against the driver’s license. Violating § 56-5-3890 serves as strong evidence in civil injury claims, proving the driver acted negligently.
Common Distractions Behind Greenville Crashes
While phone use is a well-known issue, many other distractions can cause serious crashes:
Eating and drinking: Taking a bite or reaching for a drink removes at least one hand from the wheel and often takes the eyes away.
GPS and navigation: Entering an address or checking directions while moving is hazardous.
Passengers: Conversations, arguments, or reaching into the back seat distract drivers, especially younger ones.
Grooming: Applying makeup, shaving, or adjusting a mirror creates visual and manual distractions.
Adjusting in-cabin controls: Changing the radio station, modifying climate controls, or syncing a Bluetooth device pulls attention away from driving.
Greenville’s busy roads see a significant share of distracted driving crashes. Woodruff Road, Wade Hampton Boulevard, and I-85’s on/off ramps are high-traffic zones where brief inattention can cause collisions. Greenville County leads South Carolina with approximately 16,640 traffic crashes annually and ties for the highest number of fatal collisions at 71 each year.
Injuries From Distracted Driving Crashes
Injury severity depends on factors like speed, vehicle size, and impact nature. Even low-speed crashes can cause significant harm.
Common injuries include:
Whiplash and soft tissue damage: Neck and back injuries from rear-end impacts are painful and may take months to heal.
Traumatic brain injury (TBI): Even without a direct head strike, crash-induced rapid movement can cause concussions or more severe brain trauma.
Broken bones: Wrists, arms, legs, and ribs often fracture upon impact.
Spinal cord injuries: High-speed or T-bone collisions can partially or fully damage the spine, leading to long-term effects.
Facial and dental injuries: Airbag deployment and dashboard impact can cause cuts, fractures, and tooth loss.
Internal injuries: Organ damage might not be immediately apparent but can threaten life.
Severe injuries often require surgery, rehabilitation, and long-term care. Your damages claim can cover medical bills, future treatment costs, lost income, reduced earning capacity, and pain and suffering.
Pedestrians and cyclists are particularly vulnerable when a distracted driver takes the wheel. In areas with heavy foot traffic, drivers failing to yield pose a significant threat to pedestrians. The same negligence that leads to pedestrian injuries also raises the risk of collisions involving cyclists on Greenville’s streets.
SC Laws That Affect Your Claim
Comparative Negligence
South Carolina follows modified comparative negligence under S.C. Code Ann. § 15-38-15. If you’re less than 51% responsible for the crash, you’re still eligible for compensation. However, your award is reduced by your percentage of fault. For instance, if you’re found 20% at fault and your total damages amount to $100,000, you recover $80,000.
If a defense attorney claims you were also distracted, your lawyer will counter with evidence to minimize your fault percentage.
Statute of Limitations
You have three years from the crash date to file a personal injury lawsuit in South Carolina under § 15-3-530. While three years may seem ample, evidence can quickly vanish. Cell phone records get lost, surveillance footage disappears, and witness memories fade. Acting swiftly strengthens your position.
Proving Distraction
Building a clear picture of the at-fault driver’s behavior at impact is crucial in distracted driving cases. Common evidence includes:
Cell phone records: Subpoenaed records indicate whether the driver was calling, texting, or using an app at the crash time.
Event data recorders (EDRs): Modern vehicles record speed, braking, and steering inputs seconds before a crash.
Surveillance footage: Traffic, business, and dash cameras often capture the collision or the driver’s prior behavior.
Witness testimony: Bystanders and other drivers may have seen the phone in the driver’s hand or noticed erratic behavior beforehand.
Police reports: Officers at the scene make observations about distraction, and a citation under § 56-5-3890 provides strong evidentiary support.
What to Do After a Distracted Driving Crash in Greenville
The actions you take right after a crash are critical.
Call 911. Get police and emergency services on the scene. A police report documents conditions and may record phone use evidence.
Seek medical attention immediately. Some injuries aren’t obvious at the scene. A same-day medical visit establishes a record connecting your injuries to the crash.
Document the scene. If safe, photograph vehicles, injuries, skid marks, traffic signals, and road conditions.
Collect witness contact information. Names and phone numbers from those who witnessed the crash can prove invaluable.
Avoid discussing fault. Don’t apologize at the scene or post about the crash on social media.
Notify your insurer. Report the crash promptly, but avoid giving recorded statements without a lawyer’s guidance.
Contact a Greenville injury attorney. Early legal advice positions you better to preserve evidence and protect your claim.
How John Crangle Can Help
John Crangle handles personal injury cases throughout Greenville and its surrounding areas, including Simpsonville, Mauldin, Greer, Easley, Travelers Rest, Anderson, and Spartanburg. He’s familiar with the roads where these crashes occur, the insurance companies operating in South Carolina, and how to build a strong case.
When you work with John Crangle, expect straightforward answers about your case value and the process. He manages investigations, communicates with insurers on your behalf, and pursues full compensation for your medical bills, lost wages, pain and suffering, and future care needs.
If a distracted driver harmed you or someone you care about, don’t delay. Evidence fades, and the three-year window closes quickly. Get a free case review today to assess your claim’s status.