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Whalen Montalvo

Greenville Distracted Driving Accident Lawyer

Distracted Driving Attorneys Serving Greenville

A one-second distraction by another driver can forever change your life. Any action that diverts a driver’s focus from the road is dangerous . . . and sometimes deadly. It takes just one distracted driver to impact your quality of life forever.

Other road users, such as motorists, bicyclists, and pedestrians, have little to no chance of avoiding an out-of-control vehicle. The multiple damages that result from a likely preventable accident are an unfair burden for victims.

If you or a loved one suffered severe injuries, a distracted driving lawyer may be able to help you fight for justice. You do not have to fight alone for the compensation you deserve.

Common Forms of Distracted Driving

Distracted driving is selfish and dangerous

“Eyes on the road and hands on the wheel” seems a simple enough instruction that you learn in driving school. However, as drivers become more experienced, they often become more careless in handling their vehicle.

Perhaps one of the most common causes of distracted driving is smartphones. Texting, navigational, and social media apps divert a driver’s attention from the task of safe driving.

According to the Centers for Disease Control (CDC), there are three primary forms of distraction, with some distractions involving all three forms in a single action:

  • Visual: Eyes off the road
  • Manual: Hands off the steering wheel
  • Cognitive: Mind off driving and safety.

While texting behind the wheel is illegal in South Carolina, far too many drivers take the risk. There is no way to know if a driver near you is texting until it is too late.

The AAA Foundation for Traffic Safety notes that recent studies find that drivers are aware of distracted driving dangers. However, most respondents also admitted to texting while behind the wheel.

Severe injuries are more than painful — they are life-altering. A free case consultation with a distracted driving lawyer familiar with South Carolina civil law can help you learn more about your legal options.

Distracted Driving is About More Than Just Phones

The risks associated with distracted driving include other dangerous actions that can cause a driver to lose control of their vehicle. Other things that can cause distracted driving include:

  • Eating
  • Applying makeup
  • Other passengers
  • Reaching for items.

With an average mid-size SUV weight of 3,500 to 6,000 pounds, another driver’s lack of focus generally results in a traumatic crash. For many distracted driving accident victims, life never fully returns to how it was before the accident.

Pursuing accountability for a distracted driver’s actions and compensation for your damages requires a solid legal strategy. Choosing the right vehicle accident lawyer in Greenville is easier than you may think.

Why Choose Us?

We embody compassion and justice.

When you or a close loved one suffers an unimaginable and unexpected trauma from a distracted driver, you may feel confused, stressed, and overwhelmed.

Attorney James Whalen is a proud Greenville native who is happy to be back in his hometown area, helping others during challenging times in their lives. With his experience working with the National Highway Transportation Safety Administration, James brings a wealth of knowledge on car accidents to your case. He is caring and kind to clients and aggressively fights for what they deserve.

Attorney Eric Montalvo is a United States Marine Corps veteran. He is proud of his 20-year career as a leader and judge advocate. His military experience included acceptance into the Marine Corps Law Program, which launched his law career. Eric now practices law in Greenville and serves those harmed by the negligence of others by diligently fighting for fair compensation and justice.

South Carolinians trust us as they navigate the aftermath of a traumatic accident. Read client testimonials to learn more about that trust and what clients have to say about their Whalen Montalvo Attorneys at Law experience.

Greenville, South Carolina, attorneys James Whalen and Eric Montalvo work tirelessly on behalf of victims of negligence.

How We Can Help

We determine the who, why, and what of your case.

Severe injuries leave you in no position to investigate your accident. At Whalen Montalvo Attorneys at Law, we manage your case from Day One, communicating with you as your case progresses.

We help distracted driving victims by determining the following:

  • Who: We identify all parties liable for your harm.
  • Why: Police reports, witness statements, and photos are examples of evidence that help us prove driver negligence.
  • What: We compile your medical records, lost wages, and other damages and convey what impact the accident had on your quality of life.

Protecting your best interests is critical when pursuing a civil claim or lawsuit. Insurance companies use pressure tactics to get victims to accept less than they deserve.

Do not give in to low-dollar settlement offers. Accepting a settlement without an attorney closes your claim, leaving you with no further legal options. Instead, contact Whalen Montalvo Attorneys at Law as soon as possible.

There is no excuse for distracted driving. You deserve justice if you or a close loved one suffered harm from a driver who could not wait to text or eat. Contact Whalen Montalvo Attorneys at Law for a free, no-obligation consultation today.

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Distracted Driving FAQs

Common questions regarding distracted driving accidents and South Carolina law

A Greenville, South Carolina, distracted driving accident attorney answers frequently asked questions:

What are my options if the distracted driver faces criminal charges?

A distracted driver may also be drunk or otherwise impaired. Criminal charges are filed by law enforcement authorities. You may still pursue a civil case against them for your damages if they face criminal charges and hire a criminal defense attorney.

How soon should I contact a distracted driving accident attorney?

Contacting a distracted driving accident attorney as soon as possible following your crash is best for your claim or lawsuit.

What type of damages are commonly included in a distracted driving accident case?

Typical damages in a distracted driving accident case include medical costs, lost income, loss of potential future earnings, and pain and suffering.

Can I negotiate for a distracted driving settlement without an attorney?

Managing your case alone places extra stress on an already stressful situation. Hiring an attorney protects your peace of mind and affords you more time to focus on regaining your strength.

How much does a Greenville, South Carolina, distracted driving attorney cost?

At Whalen Montalvo Attorneys at Law, there are no fees until we win your case. If, for some reason, we do not win, you do not pay our legal fees.

What is the South Carolina statute of limitations for filing a distracted driving accident lawsuit?

The South Carolina statute of limitations for filing a distracted driving accident lawsuit is three years.  Thirty-six months seems like a long time. However, the time starts when you suffer injuries and can pass in the blink of an eye. Do not miss your chance to pursue compensation and justice.

All drivers owe a duty of care to other road users. If a distracted driver was responsible for your severe injuries, seek help from the lawyers for injuries at Whalen Montalvo Attorneys at Law today.

Distracted Driving Kills

How to Seek Justice for Your Loved One

The CDC reports that approximately nine people die daily in the United States due to a distracted driver-related accident. This alarming statistic spotlights the extreme and permanent dangers of distracted driving.

Pursuing a wrongful death claim or lawsuit cannot replace your loss. It can, however, if successful, help ease the financial stress of your situation. It can also serve as a form of justice and accountability.

Funeral and burial costs, lost wages, and the non-economic damage of loss of companionship are serious and worth fighting for. With a Greenville, South Carolina, wrongful death attorney by your side, you can shift your focus from case details to mourning your loss.

Hiring a wrongful death attorney affords you more time with friends and family remembering your loved one. As with personal injury cases, Whalen Montalvo Attorneys at Law charge no upfront fees and work on a contingency fee basis.

Take the opportunity to learn more about your wrongful death legal options by scheduling a free case consultation without delay. Our team is caring, approachable, and ready to get to work for you.

Whalen Montalvo Attorneys at Law

Greenville, South Carolina, Distracted Driving Attorneys

Developing technologies and overbooked schedules lead drivers to dangerous choices behind the wheel. Disregarding other road users too often results in catastrophic injuries or death for victims of all ages.

Most personal injury cases settle outside of a courtroom. The negotiation process with insurance companies requires skills and experience — something James and Eric have in abundance.

While each distracted driving case is unique, we deliver the same determination and commitment to every client we serve. Should your case go to trial, you can rest assured that your case is in capable hands.

The harm you or your loved one suffered from a distracted driver demands action. Contact our distracted driving attorneys at Whalen Montalvo Attorneys at Law for a free case consultation: (864) 770-7710.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.