Traffic mishaps are not uncommon in South Carolina. For instance, on 5th July, there was news of a head-on car collision that led to the death of one passenger and left two passengers severely injured.
It often happens that drivers, passengers, and pedestrians endure the consequences of negligent and reckless driving.
If you were hurt in a road accident where the other driver was driving without caution or was drunk or speeding, you can seek compensation for your losses.
Like many other states, South Carolina follows a fault-based norm for auto accidents. If someone is liable for your injuries, you can hold them accountable for their action.
However, not knowing the legalese or understanding the state laws can impact your ability to recover a settlement. Which is why it is best to consult an attorney soon.
Check with The Snow Legal Group for a free consultation with a top injury lawyer. Below is an overview of the crucial South Carolina laws and other critical details.
Reasons Behind South Carolina Car Crash
Speeding is a common cause of auto accidents in South Carolina. Driving too quickly can cause them to lose control or make an untimely stop.
Distracted driving is another common cause, which includes eating or using a phone while operating a vehicle. This makes driving less attentive and raises the possibility of collisions. Driving while intoxicated is another severe issue.
Driving while impaired by alcohol, drugs, or certain medications can be risky. These substances can affect judgment, coordination, and reaction time.
Drivers and other people are in danger by careless driving practices such as tailgating, lane-changing, and running red lights.
Accidents can also result from not yielding to pedestrians or other drivers. Fatigue or exhaustion while driving can lead to attention and judgment errors, which raises the risk of collisions.
Potholes and other debris on the road, as well as ignoring routine auto maintenance like tire and brake replacements, can also lead to accidents.
Drivers can take precautions to keep themselves safe on South Carolina roads by being aware of these typical causes.
South Carolina Car Crash: Knowing the Laws Can Help!
Now that you are aware of almost all the probable reasons behind the high chances of car crashes in South Carolina, it is time for you to know what to do if you face one.
Knowing the legalities can be of great help when you face an accident. Here are some of the things that you must know about:
1. Damages You Can Recover
A personal injury claim is not meant to punish the other party or press charges against them. You file the claim to recover a settlement, which will help cover certain damages.
The list includes economic losses, such as the cost of current & future medical care for accident injuries. Additionally, it also includes vehicle damages and income losses.
You may also recover non-economic losses that are intangible, such as the mental agony, pain, and suffering you have endured.
2. Know the Statute of Limitations
The statute of limitations is a special law that sets a time limit for filing personal injury lawsuits. Note that this time cap is only for the lawsuit filed in court.
If you want to file an insurance claim first, you must inform the carrier in time. And yes, you must do so as early as possible. In South Carolina, you have three years from the date of your injury.
The deadline is the same for wrongful death claims. However, in this case, the count starts from the date of the victim’s death.
There are some exceptions when you can file a lawsuit outside the time assigned by the statute of limitations.
3. Comparative Fault With Examples
It often happens that more than one party is responsible for a car crash. In such situations, the modified comparative negligence rule in South Carolina decides who gets a settlement.
If you are more at fault than the other driver, you cannot ask for compensation or sue them in court.
For a minor fault, you have the option to take legal action. However, once you get a payout, it will be reduced proportionately.
For example, if you are 20% at fault for a traffic accident and got $100,000 in a settlement, you will now recover $80,000.
The Relevance of a Personal Injury Lawyer
With endless articles on how people received big payouts for their claims, you may assume you can follow their advice, which is not the truth.
Each personal injury case is unique, and you need an attorney to ensure your rights are protected.
With a lawyer, there is little you need to do except to cooperate with them. Your attorney will start with a case evaluation, after which they will check the damages you can recover.
They will also investigate the car accident, and if the case demands, they may also seek help from accident reconstruction professionals.
Your lawyer will also handle the insurance claims paperwork and negotiate with the agent. If there is no way that insurance can cover the losses, they will file a lawsuit.
Personal injury lawyers in South Carolina work on contingency, which means if you don’t have the money to pay the attorney immediately, you can still hire them.
Once you get a settlement, your lawyer will get their fixed percentage, which they will mention in advance.
Bottom Line
In conclusion, it is critical for both drivers and accident victims to comprehend the regulations and specifics pertaining to automobile accidents in South Carolina.
We can all help to prevent accidents and maintain the safety of our roads by being aware of the traffic laws and the repercussions of careless driving.
It is crucial to get legal counsel and be aware of your rights and obligations if you are in an automobile accident.
I hope that you found this blog to be of help in case you were searching about legalities related to the South Carolina car crash. If you have any other questions related to the same, please feel free to leave your comments in the box below.
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