Legal Options After a Distracted Driving Accident in Charleston

If you were hurt in a distracted driving accident in Charleston, you need to act fast. Distracted driving causes thousands of crashes each year in South Carolina. Knowing your legal options is key to getting the money you deserve.

The attorneys at Crantford Meehan fight for victims of distracted driving crashes. Call (843) 832-1120 or schedule a free consultation online.

Distracted Driving Under South Carolina Law

South Carolina Code Section 56-5-3890 bans texting while driving. But distracted driving goes far beyond texting.

As of September 1, 2025, South Carolina’s Hands-Free and Distracted Driving Act expanded the law to also ban:

• Holding or supporting mobile devices while driving
• Watching video on devices
• Other distracted driving behaviors

These laws help victims show how the at-fault driver broke the rules. Understanding texting while driving laws is key to your case.

Types of Distracted Driving

The CDC groups distracted driving into three types:

• Visual — Taking your eyes off the road
• Manual — Taking your hands off the wheel
• Cognitive — Taking your mind off driving

Common examples include texting, talking on a phone, eating, using GPS, grooming, and talking to passengers.

Texting is the worst because it combines all three types. At 55 mph, checking a text means your car travels the length of a football field with no one watching the road. This is why proving negligence in these cases is so important.

How Distracted Driving Differs From Reckless Driving

Reckless driving is a criminal charge. You can pursue a separate civil personal injury claim to recover money for your injuries and losses. Rear-end crashes, which are often caused by distracted driving, tend to cause serious injuries.

Proving the Other Driver Was Distracted

To win your case, you need strong evidence. Several types of proof can show the other driver was not paying attention:

Cell Phone Records

Phone records obtained through discovery can show whether the driver was texting, calling, or using apps at the moment of the crash. Understanding how to read an accident report helps you find key evidence of distraction.

Vehicle Event Data Recorders

“Black boxes” capture data about speed, braking, and steering in the seconds before a crash. Black box data can prove what the driver was doing. Surveillance footage from nearby businesses or traffic cameras adds visual proof. Accident reconstruction experts can analyze the crash and support your claims.

Social Media and Other Evidence

Posts made around the time of the crash — or admissions by the driver — can prove distraction. All of these fall under the evidence needed to prove your claim.

What Money You Can Recover

If you were hurt in a distracted driving crash, you may recover:

Medical Expenses

This covers all costs to treat your injuries:

• ER visits and hospital stays
• Surgery
• Physical therapy
• Ongoing medical care

Understanding treatment costs helps you calculate your full recovery.

Lost Wages

You can recover income lost while healing. If your injuries cause a lasting disability, you can also recover lost earning power. Calculating lost wages ensures you get full payment.

Pain and Suffering

This covers physical pain and emotional distress. Property damage covers repair or replacement of your car. In fatal crashes, families can pursue wrongful death claims.

Punitive Damages

In extreme cases, courts may award punitive damages to punish the defendant. Understanding how damages are calculated helps you know your full potential.

Insurance Claims vs. Lawsuits

After a distracted driving crash, you have two paths:

• Insurance claim — Filed against the at-fault driver’s liability coverage
• Personal injury lawsuit — Filed in court when insurance falls short

Most victims start with an insurance claim. But insurers often lowball their offers. Dealing with insurance adjusters requires care to protect your rights.

Filing a Lawsuit

South Carolina gives you three years from the date of the crash to file a personal injury lawsuit. Miss this deadline and you lose your right to sue. What to expect when filing a lawsuit walks you through the process.

No Fees Unless You Win

Crantford Meehan works on a contingency fee basis. You pay nothing upfront. We only get paid if we win. How car accident settlements work explains the full process.

Common Injuries From Distracted Driving Crashes

These crashes cause serious harm because the driver has no time to brake or swerve:

• Whiplash and soft tissue injuries — Neck and back strain from sudden impact
• Traumatic brain injuries (TBIs) — Concussions to severe brain trauma
• Spinal cord injuries — Can cause partial or full paralysis
• Broken bones — Often need surgery and long rehab
• Internal injuries — May not show up right away but can be life-threatening

Dealing with delayed injuries explains why medical care matters even when you feel fine. Dealing with head injuries covers recovery and payment options.

Beyond physical harm, many victims suffer PTSD, anxiety, and depression. Claiming compensation for PTSD ensures you recover for emotional injuries too.

Steps to Take Right After the Crash

What you do right after the crash can make or break your case:

• Take photos of vehicle damage, road conditions, and traffic signals
• Get contact info from witnesses — asking the right questions helps
• Get the police report number
• See a doctor right away, even if you feel fine — speaking with doctors helps document your injuries
• Preserve cell phone records (yours and the other driver’s)
• Call a lawyer before talking to insurance companies — protecting yourself from insurers is key

Why You Need a Distracted Driving Lawyer

A lawyer brings local knowledge of South Carolina law and experience with Charleston courts. What car accident lawyers do explains the full range of help they provide.

Trial-Ready Attorneys

William C. Crantford and Jerry A. Meehan Jr. are both Trial Lawyers College graduates with AV Preeminent ratings from Martindale-Hubbell. They handle all legal details — from discovery to expert witness work — so you can focus on healing. Three reasons to hire a lawyer outlines the key benefits.

Our Track Record

Crantford Meehan has recovered millions for crash victims, including:

• $2.35 million settlement — Tractor-trailer rear-end crash
• $1 million settlement — Clients struck by an 18-wheeler on I-26

See our case results for more.

Frequently Asked Questions

What counts as distracted driving in South Carolina?

Distracted driving includes texting, phone calls, eating, using GPS, grooming, and any activity that takes your focus off the road. South Carolina law bans texting and hands-free violations. Understanding distracted driving helps you spot negligent conduct.

How long do I have to file a lawsuit?

Three years from the date of the crash. Miss this deadline and you lose your right to sue. Understanding the statute of limitations explains this rule.

Can I recover money if I was partly at fault?

Yes. South Carolina follows comparative negligence rules. You can recover as long as you were less than 50% at fault. Your award is reduced by your share of blame. Understanding comparative fault explains how this works.

What evidence proves the other driver was distracted?

Cell phone records, witnesses, police reports, black box data, surveillance footage, and expert testimony can all prove distraction. Key evidence to prove fault details what helps your case.

How much is my case worth?

It depends on your injuries, medical costs, lost wages, pain and suffering, and the strength of your evidence. How to maximize your settlement provides guidance.

Do I need a lawyer?

Yes. Insurers often lowball claims. A lawyer negotiates better results and handles the legal work. How to deal with insurance companies shows why representation matters.

What if the distracted driver has no insurance?

Your own uninsured motorist (UM) coverage may protect you. A lawyer can help you pursue this coverage. How to handle an uninsured driver crash outlines your options.

Contact Crantford Meehan for Your Free Consultation

If you were hurt in a distracted driving crash in Charleston, do not go it alone. Crantford Meehan fights for crash victims across South Carolina.

Call (843) 832-1120 or contact us online for a free case review. Our testimonials show our commitment to personal injury clients in Charleston and beyond.