Every day on the roads of Charleston and across South Carolina, drivers make choices that put innocent people at risk. Whether it’s a driver running a red light or someone swiping through Instagram while cruising down I-26, reckless driving and distracted driving are two of the most dangerous, and most preventable, causes of serious car accidents in our state.
If you or someone you love was injured in a car accident or truck accident caused by a distracted driver or reckless driver, you deserve to know your rights. South Carolina law holds negligent drivers accountable, and the team at the Thumbs Up Guys is here to make sure the insurance companies don’t take advantage of you.
What is Reckless Driving in South Carolina?
Reckless driving is more than just careless behavior behind the wheel. Under South Carolina law, Code 56-5-2920, reckless driving is defined as operating a vehicle in willful or wanton disregard for the safety of persons or property. In plain terms: the driver knew, or should have known, that what they were doing was dangerous, and they did it anyway.
Common examples of reckless driving in the Charleston area include:
- Excessive speeding on I-526, Highway 17, or in school zones
- Street racing or aggressive driving
- Running red lights or stop signs
- Weaving in and out of traffic
- Passing illegally in no-passing zones
- Driving under the influence of alcohol or drugs (DUI)
- Fleeing from law enforcement
Reckless driving is a criminal offense in South Carolina: a misdemeanor punishable by fines and jail time. But beyond the criminal consequences, a driver who acts recklessly and causes an accident can also be held financially responsible for the injuries they cause. And when a driver’s conduct is particularly egregious, punitive damages may be available on top of your compensatory damages.
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What is Distracted Driving and Why is it So Dangerous?
Distracted driving is any activity that takes a driver’s attention away from the road. There are three types of distractions that affect drivers:
- Visual: taking your eyes off the road
- Manual: taking your hands off the wheel
- Cognitive: taking your mind off driving
Texting while driving is the worst of all three. It involves all three types of distraction at once. According to the National Highway Traffic Safety Administration (NHTSA), sending or reading a text at 55 mph is the equivalent of driving the length of a football field with your eyes closed.
Other common forms of distracted driving include:
- Scrolling through social media or checking email
- Talking or texting on a handheld phone
- Programming a GPS or navigation system
- Eating or drinking while driving
- Adjusting the radio or music apps
- Talking to passengers or dealing with children in the backseat
In the Charleston metropolitan area, including North Charleston, Mount Pleasant, Summerville, and West Ashley, distracted driving is a growing problem. Busy commuter corridors, tourist traffic, and congested intersections make driver negligence even more dangerous.
South Carolina Hands-Free Law: What you Need to Know
South Carolina enacted the South Carolina Hands-Free Act, which prohibits drivers from holding or using a handheld electronic device while operating a motor vehicle. Under this law:
- Drivers cannot hold a phone or electronic device while driving
- Voice-activated and hands-free technology is permitted
- First-time violations carry a $100 fine; second and subsequent violations carry a $200 fine and two points on your license
- The law applies to all roads in South Carolina, including those in Charleston County, Berkeley County, and Dorchester County
The South Carolina Hands-Free Law is important not just from a safety standpoint, but from a legal one. If a driver was violating the Hands-Free Act at the time of your accident, texting and driving for example, that is direct evidence of driver negligence. It helps establish that the other driver breached their duty of care to other people on the road, which is a critical element of your personal injury claim.
Our attorneys know how to use cell phone records, police reports, and witness testimony to prove that a distracted driver was on their phone at the time of the crash. If they were breaking South Carolina’s Hands-Free Law, we will make sure that this is front and center in your case.
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Driver Negligence and Your Right to Compensation in South Carolina
South Carolina is an at-fault state.That means when you are injured in a car accident caused by another driver’s negligence; whether that’s reckless driving, distracted driving, or texting while driving, you have the right to file a claim against that driver’s insurance company.
To win a personal injury case in South Carolina, you and your attorney must prove four elements:
- Duty: the at-fault driver owed you a duty of care (all drivers owe this to others on the road)
- Breach: the driver breached that duty through reckless or distracted behavior
- Causation: that breach directly caused the accident and your injuries
- Damages: you suffered actual harm as a result: medical bills, lost wages, pain and suffering, and more
South Carolina follows a modified comparative negligence rule (SC Code 15-38-15). This means that as long as your percentage at fault is less than 51%, you can still recover compensation. However, your recovery will be reduced by your percentage of fault.
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When Reckless Driving Opens the Door to Punitive Damages
In most car accident cases, the injured party can pursue compensatory damages. Compensatory damages are designed to make you whole again for your losses. But in cases involving reckless driving, South Carolina law allows for something more: punitive damages.
Under SC Code 15-32-510, punitive damages may be awarded when a plaintiff proves by clear and convincing evidence that their harm was the result of the defendant’s willful, wanton, or reckless conduct. This means that if the driver who hit you was speeding at dangerous levels, driving drunk, running from police, or engaging in other reckless behavior, you may be entitled to significantly more than just your medical bills and lost wages.
Some of the most common scenarios that can lead to punitive damages in a South Carolina car accident case include:
- Drunk or drugged driving
- Texting while driving
- Street racing
- Hit-and-run accidents
- Extreme speeding
- Driving with a suspended or revoked license
Insurance companies aren’t going to volunteer that you may be entitled to punitive damages. That’s why having an attorney who thoroughly evaluates every aspect of your case isn’t just helpful, it’s critical. If your case isn’t properly evaluated for punitive damages, you could be leaving tens of thousands of dollars on the table.
How a Charleston Personal Injury Lawyer Can Help After a Distracted or Reckless Driving Accident
When you’ve been hurt in a car accident caused by distracted driving or reckless driving, the insurance company isn’t on your side. Their adjusters are trained to minimize payouts and protect their bottom line.
Here’s what our team does for clients injured in reckless and distracted driving accidents in Charleston and across South Carolina:
Investigate and Build the Strongest Case Possible
After signing with us, an attorney will be on the phone with you discussing your case and the plan moving forward. Our team immediately gets to work gathering evidence, including:
- Police accident reports
- Cell phone records to prove texting while driving
- Surveillance and traffic camera footage
- Witness statements
- Accident reconstruction expert analysis
- Photos from the scene
In distracted driving cases, cell phone records can be gold. We know how to obtain them, and we know how to use them to prove driver negligence.
Handle All Communication with the Insurance Company
After an accident, the at-fault driver’s insurance company may contact you quickly. They may be friendly, but their goal is to get a recorded statement that they can use against you later, or to pressure you into accepting a quick settlement that doesn’t cover all of your losses. Once you hire the Thumbs Up Guys, you don’t have to take any of those calls. We handle everything.
Connect you with Quality Medical Care
In a personal injury case, you only have one chance to properly document and treat your injuries. Our team works closely with medical providers across the Charleston area to make sure you get the treatment you need. Gaps in medical care can seriously hurt your case, and we help you avoid them.
Calculate the Full Value of Your Case
A car accident caused by a distracted or reckless driver can result in losses that go far beyond your emergency room bill. We fight to recover:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages, where applicable
Fight for You All the Way to Trial if Necessary
We push hard for the best possible settlement, but if the insurance company refuses to offer a fair amount, we are fully prepared to take your case to trial.
What to do After a Distracted or Reckless Driving Accident in Charleston
The steps you take immediately after a car accident caused by distracted or reckless driving can significantly impact your case. Here’s what we recommend:
- Call 911 and get a police report filed. Ask the responding officer to note any signs of distracted driving
- Seek medical attention immediately, even if you feel okay. Some injuries don’t show symptoms right away.
- Document the scene if it is safe to do so. Take photos of vehicle damage, your injuries, road conditions, and any skid marks.
- Get witness information. Names and phone numbers of anyone who saw what happened.
- Do not admit fault or apologize at the scene.
- Do not give a recorded statement to the other driver’s insurance company.
- Contact the Thumbs Up Guys as soon as possible. Time matters in these cases.
South Carolina’s statute of limitations for personal injury claims is generally three years from the date of the accident, according to SC Code 15-3-530. While that may sound like plenty of time, evidence disappears quickly; surveillance footage gets overwritten, witnesses move on, and phone records become harder to obtain. The sooner you contact us, the better.
Serving Accident Victims Across Charleston and South Carolina
The Thumbs Up Guys represent injury victims throughout the entire Charleston metro area and beyond. Whether you were hit by a distracted driver on the Ravenel Bridge, T-boned by a reckless driver at a Summerville intersection, or rear-ended by a texting driver on I-526 in North Charleston, we are here to help.
We serve clients in:
- Charleston
- North Charleston
- Summerville
- West Ashley
- Goose Creek
- Moncks Corner
- Myrtle Beach
- Hilton Head
- Mount Pleasant
- And throughout South Carolina
Put the Thumbs Up Guys in Your Corner
If you were hurt in a car accident caused by a reckless or distracted driver, you don’t have to figure this out alone. You deserve a team that fights for you.
At The Thumbs Up Guys, we take your case on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case. Get your case reviewed today.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
