Holding Distracted Drivers Accountable for Your Injuries
A split second of distraction can change everything. When another driver is texting, scrolling, or simply not paying attention, the collision that follows can leave you with serious injuries, mounting medical bills, and questions about what comes next. A South Carolina car accident attorney at Willcox, Buyck & Williams, PA can investigate what happened, prove the other driver was distracted, and fight for the compensation you need to recover. We serve injured clients throughout Florence, Myrtle Beach, and surrounding communities.
Why Choose Willcox, Buyck & Williams for Your Distracted Driving Case
For over 130 years, Willcox, Buyck & Williams has represented accident victims throughout South Carolina. Our attorneys understand how to build strong cases against distracted drivers, working with accident reconstruction experts and obtaining critical evidence like phone records to prove negligence.
When you hire our top-rated South Carolina car accident attorneys, you can expect us to:
- Provide a thorough analysis of your claim and the available options for compensation
- Thoroughly investigate the car accident to gather evidence proving causation, fault, and liability
- Handle all matters related to insurance claims, including shielding you from unfair insurance tactics
- Hire experts, as necessary, to build a strong claim for full compensation
- Defend you against accusations of blame and contributory fault
- Aggressively negotiate fair settlements and represent you in court, if settlement is not possible
We handle personal injury claims on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Our team offers free consultations and provides compassionate representation during what we know is a difficult time.
South Carolina’s New Hands-Free Driving Law
South Carolina’s Hands-Free and Distracted Driving Act took effect on September 1, 2025, significantly expanding restrictions on mobile device use while driving. A 180-day warning period was required before citations began on February 28, 2026.
Under this law, drivers cannot hold or support a mobile device with any part of their body while operating a vehicle on public roads. The law prohibits reading, composing, or sending texts and emails, watching videos or video calls, and using apps or browsing websites while driving.
Drivers may still use hands-free technology, including Bluetooth, voice commands, and mounted devices. When a driver violates this law and causes an accident, that violation can serve as strong evidence of negligence in your injury claim.
Understanding the Three Types of Driver Distraction
Distracted driving encompasses three categories of behavior:
- Visual distractions cause drivers to take their eyes off the road.
- Manual distractions cause drivers to remove their hands from the steering wheel.
- Cognitive distractions divert a driver’s mental attention from the task of driving.
Cell phone use is particularly dangerous because it combines all three types of distraction simultaneously. Other common distractions include eating, adjusting GPS or music, talking to passengers, grooming, and reaching for objects in the vehicle.
How We Prove Distraction Caused Your Accident
Proving distracted driving can be challenging without a direct admission from the at-fault driver. Our attorneys know how to gather the evidence needed to build your case. This includes obtaining cell phone records through subpoenas to show calls, texts, or app activity at the time of the crash. We also gather witness statements about the driver’s behavior, police reports noting suspected distraction, surveillance or dashcam footage, and accident reconstruction analysis. An experienced attorney understands how to use legal discovery to obtain this critical evidence.
South Carolina’s Comparative Negligence Rules
South Carolina law follows a modified comparative negligence standard. Your recovery is reduced by your percentage of responsibility. If you were 20% at fault, for example, you would receive 80% of your total damages. You can recover compensation as long as you are less than 50% at fault for the accident.
Insurance companies frequently try to shift blame onto accident victims to reduce their payouts. Having an experienced attorney helps counter these tactics and protect your right to fair compensation.
Compensation Available in Distracted Driving Cases
Victims of distracted driving accidents may be entitled to recover several types of damages. These include medical expenses for emergency care, surgeries, hospital stays, rehabilitation, and ongoing treatment. You may also recover lost wages if your injuries prevent you from working, as well as future lost earning capacity if you cannot return to your previous employment.
Pain and suffering, emotional distress, and loss of enjoyment of life are also compensable. Property damage to your vehicle and other belongings can be included in your claim as well.
Contact a South Carolina Distracted Driving Accident Attorney
Don’t let a distracted driver escape responsibility for your injuries. At Willcox, Buyck & Williams, we offer free consultations to discuss your case and explain your legal options. Contact our firm today to speak with an attorney who will fight for the compensation you deserve.
Frequently Asked Questions
What compensation can I recover after a distracted driving accident?
You may be able to recover medical expenses, lost wages, pain and suffering, property damage, and other economic damages caused by the accident. The specific amount depends on the severity of your injuries and the impact on your life. You may also recover non-economic damages for pain and suffering.
How long do I have to file a distracted driving accident claim in South Carolina?
South Carolina’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. Acting quickly helps preserve evidence and strengthens your case.
What if the distracted driver denied being on their phone?
Phone records can be subpoenaed through legal discovery to prove the driver was using their device at the time of the crash. Our attorneys know how to obtain this evidence to support your claim.