Facebook View
Skip to main content
Car Accidents
HawkLaw Fights for Spartanburg

4.8 Average on Google

Spartanburg Distracted Driving Accident Lawyer

Key Takeaways:

  • HawkLaw, P.A. aggressively fights for victims of distracted driving accidents throughout Spartanburg.
  • South Carolina’s new Hands-Free and Distracted Driving Act (effective September 1, 2025) makes it illegal to hold or support a device while driving.
  • Our Spartanburg distracted driver attorneys help clients recover damages for serious injuries, lost wages, and long-term care.

Distracted driving accidents can change lives in an instant, and you deserve a legal team that won’t back down. At HawkLaw, P.A., our Spartanburg attorneys know the local roads, the new South Carolina hands-free law, and the strategies insurance companies use to minimize your claim. We move quickly to preserve evidence, hold negligent drivers accountable, and fight for the compensation you need to move forward.

Tragedy can strike at any moment. When you’re injured on local roadways, you need a Spartanburg distracted driving accident lawyer who will fiercely advocate for your rights. At HawkLaw, P.A., our team of attorneys is deeply rooted in the local community and understands that getting the settlement you need will help you move forward after a life-altering crash.

Why HawkLaw, P.A. Takes Distracted Driving Cases Personally

At HawkLaw, P.A., we don’t just take cases; we fight for the rights of our neighbors, family, and friends living in the greater Spartanburg area. We drive the same roads and understand the dangers they present. Accidents on heavily congested freeways, like I-26 and I-85, are common, and accidents on highways (like SC-9) and surface streets can also claim lives. 

Our commitment to helping accident victims stems from our deep connection to this area. Many of our attorneys grew up here, are raising their families here, and have a loyalty to protecting the interests of their community. Our personal stake in the community is what sets us apart and makes us aggressive in fighting back against big insurance companies.

How HawkLaw, P.A. Fights Insurance Company Excuses

Our Spartanburg car accident attorneys work to dismantle every defense the insurance company uses. The adjusters working on a claim have the insurer’s best interests in mind, not yours. For every excuse, HawkLaw, P.A. has a tactic to fight back.

  • “They weren’t using a phone.” Our attorneys subpoena phone carrier records, geolocation data, and usage logs to prove whether or not a driver was using their phone. 
  • “No proof of distraction.” We leverage circumstantial evidence like camera footage, cell tower pings, and witness testimony to reconstruct the events that took place before the accident.
  • “Shared fault.” South Carolina follows a modified comparative negligence rule, which the insurance company may attempt to wield against you. We’ll protect your rights and apply the rule strategically. 

Our firm acts fast to preserve data from CCTVs, cell towers, and other devices before it disappears. Calling our firm from the accident scene is one of the smartest decisions you can make to ensure no data is lost.

A distracted driver takes a photo of the city outside while the car is in motion

South Carolina Laws on Distracted Driving: 2025 Updates

Currently, South Carolina law bans texting while driving (SC Code § 56-5-3890); however, a stricter law will take effect in September 2025. The Hands Free and Distracted Driving Act changes the way South Carolina will define distracted driving, and how it will enforce offenders. 

Under the new law, drivers may not hold or support any mobile electronic device – including phones, tablets, or other devices – while the vehicle is in motion. Reading, writing, sending texts or emails, interacting with apps, or watching videos is also prohibited.

Enforcement will begin with a 180-day warning period, after which the penalties will apply as follows:

  • $100 fine for the first offense
  • $200 for each subsequent offense, plus two points on your driver’s license. 

Violating this law becomes part of a civil negligence claim and may influence shared-fault assessments. If a car accident leads to injury or death, the negligent driver could face criminal charges.

Tackling the Most Challenging Types of Distracted Driving Cases

Complex scenarios are no problem for HawkLaw, P.A.. We have experience with all types of distracted driving cases, including ones involving multiple parties where other insurers could be involved.

Accident Claims Involving Commercial Vehicles

CDL drivers must adhere to stricter rules, per the DOT. In addition to state laws, CDL drivers must uphold rest rules and other laws that ensure their safety and the safety of others on the roadways. When an accident occurs that involves a commercial vehicle, there could be multiple parties involved. If you are in an accident with a large truck, for instance, you may need to file a claim against the driver, the owner/operator of the truck, and the loader/shipper.

Distracted Drivers, Cyclists, and Pedestrians

When a moment of distraction injures someone on foot or a bike, HawkLaw, P.A. uses evidence and expert testimony to show liability clearly. Injuries to pedestrians and cyclists are common, as South Carolina recently ranked the third most dangerous for pedestrians. Our area is known for its lush landscape and recreational activities, but motorists repeatedly ignore pedestrian walkways and fail to give cyclists the right-of-way.

When the Distracted Driver Is on the Clock

If your crash happened while the driver was working for a rideshare or delivery service, multiple parties may share liability, from the driver to the employer. We are thorough in our investigation and will make certain we file claims appropriately and with the proper people.

A male driver take a sip from a disposable coffee cup

Injuries Caused by Distracted Driving Crashes

Distracted driving often results in catastrophic injuries:

  • Loss of life
  • Traumatic brain and spinal cord injuries
  • Broken bones and internal bleeding
  • Whiplash and soft-tissue trauma
  • Psychological trauma, such asPTSD, anxiety, long-term disability

These injuries can derail lives, and HawkLaw, P.A. fights to secure the care and compensation you need.

How Much Is a Distracted Driving Case Worth?

Every case is different. There’s no one-size-fits-all settlement amount. Your compensation will depend upon varying factors, such as:

  • The severity of your injury
  • Medical costs you currently have
  • Future medical costs
  • Lost income and diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Long-term care
  • Rehabilitation expenses

Our team has a network of local professionals who help us build your case and establish the fair amount for your claim. Non-compensatory damages, like pain and suffering, can be hard to quantify, and we rely on our experience and knowledge of current case law to establish these amounts.

How Fault Affects Your Overall Compensation

South Carolina uses a modified comparative negligence system. This means if you’re found less than 51% at fault, you can still recover compensation. However, your compensation is reduced by your percentage of fault. Thus, if you are found to be 20% at fault, your settlement would be reduced by 20%. HawkLaw, P.A. uses every tool to minimize your share and maximize your recovery.

Do You Have a Distracted Driving Lawyer Near Me?

HawkLaw, P.A. has an office at 5506 Reidville Rd, Moore, SC 29369, just 15 minutes southwest of downtown Spartanburg. We’re near Tyger River Park, a well-known local spot just off SC-290. From central Spartanburg, take I-26 W to Exit 22, then follow SC-296/Reidville Road until you see our office near the intersection of Highway 417. Free parking is available, and we’re ready to meet in person or virtually.

Speak with a Distracted Driving Lawyer Today

If distraction turned your life upside down, don’t wait. Contact HawkLaw, P.A. today for a free consultation*. HawkLaw, P.A. serves clients throughout South Carolina from offices in Charleston, Columbia, Greeneville, and Anderson. The Anderson office is by appointment only, and most clients will be served from the Greenville office.

Frequent Answered Questions

How long do I have to file a lawsuit after a distracted driving crash in South Carolina?

The statute of limitations for personal injury in South Carolina is generally three years from the date of the accident.

Can a driver still be considered distracted if they were using a hands-free device?

Yes. Even hands-free use can cause cognitive distraction and contribute to liability, especially if it impairs awareness or reaction time.

What happens if the distracted driver was working for a rideshare or delivery company?

Both the driver and their employer may be liable. HawkLaw, P.A. investigates employer responsibility, vicarious liability, and potential negligence in hiring or training.

Can I get a copy of the other driver’s phone records after an accident?

Yes. Through legal processes like subpoenas or discovery, HawkLaw, P.A. can often obtain phone information to prove distraction.

Does dashcam footage help in proving distracted driving?

Absolutely. Dashcams, helmet cams, or even surveillance footage can provide critical visual evidence of distraction.

Can I sue for punitive damages in a distracted driving case?

In South Carolina, punitive damages are awarded only when conduct is willful, wanton, or reckless. HawkLaw, P.A. will assess whether your case meets that threshold and pursue punitive damages when appropriate.

Visit Our Office

Address:
HawkLaw, P.A.
5506 Reidville Rd
Moore, SC 29369
Phone:
+1 (864) 514-4383
Our location:

John D. Hawkins
Founder and CEO

John Hawkins is the Founder and CEO of HawkLaw He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was on the Law Review and Order of Wig and Robe.