South Carolina is one of the deadliest states in the country when it comes to the number of car accidents that occur each year. Because the use of motor vehicles is so ubiquitous, car accidents may seem inevitable. And as the previously cited statistics indicate, they are one of the leading causes of injury and death in our state. That said, car accidents are usually the result of negligence, carelessness, and/or recklessness. At the office of the Nowell Law Firm, our South Carolina car accident lawyers believe that when a car accident occurs and causes serious injuries, the at-fault party should be held liable for the damages that result. We can help you to build your car accident claim and improve your chances of recovering your full settlement amount. If you have been in a car accident, we want to help. While all car accidents are different, car accidents of similar types, causes, and damages often involve many of the same elements. Because we have been working on car accident claims for years, we have had the opportunity to represent clients involved in various car accident types. These include: As stated above, car accidents don’t just happen – they are typically the result of carelessness, recklessness, and/or negligence. To be sure, one of the most tragic things about serious car accidents is that they are almost always preventable and would not occur but for the fault of an involved party. Some of the top causes of car accidents include: In addition to drivers’ behaviors, other top causes of car accidents include unsafe road conditions, such as potholes or poor signage; bad weather, such as rain or poor visibility; and motor vehicle defects, such as steering or braking defects. South Carolina is a traditional tort liability state, or at-fault state, when it comes to car accidents. In a nutshell, this means that a driver who causes a crash (or another third party, such as a vehicle manufacturer responsible for a crash-causing vehicle defect) is responsible for paying for the damages that result. If you are in a car accident and incur medical bills, property damage costs, lost wages, and other types of harm, you maintain the right to file a claim against the liability insurance of the at-fault party for the full extent of your damages. If the at-fault party doesn’t have insurance, you can bring a claim against your own policy’s uninsured/underinsured motorist coverage, as well as any other relevant coverage types you carry (i.e. collision coverage). You maintain the right to seek compensation for the full value of your losses. Our lawyers will help you by building your claim, determining liability and fault, calculating your damages, issuing a demand letter, and negotiating your settlement. Most claims are settled out of court; however, if settlement negotiations fail, we will file a lawsuit on your behalf. Our lawyers have extensive litigation experience. South Carolina also follows a modified comparative negligence rule. While this may not come up in your claim, if you file a lawsuit, the rule will likely be applied. The modified comparative negligence rule holds that while you will not be barred from recovery if you contributed to your accident (so long as your percentage of fault is not more than the defendant’s), the amount of your recoverable damages can be reduced in proportion to your degree of fault. Finally, note that it is strongly recommended that you provide your insurer with notice of the accident as soon as possible, preferably within 24 hours of its occurrence. In the event that you are filing a lawsuit for damages against the at-fault party, you must file this suit within three years from the date of your accident or you may be barred from recovery. When the police respond to the scene of the accident, they’ll talk to both drivers about what happened before and during the accident. This information will make up much of their police report. When speaking to the police, it’s important to be clear and concise. The Police Report The police report will include information provided by both parties, making it a valuable piece of evidence when determining fault. It does go beyond that, however. The police report should also include information on injuries sustained by both parties and damage sustained by both vehicles. This may hint as to whether or not both parties’ stories are true. Physical Evidence Physical evidence may well be the most important part of determining liability in a car accident. While people can lie about what happened during a crash, physical evidence tells a clear and undeniable story. Make sure your attorney has access to any photos or video footage taken of the crime scene. If you have a dashcam, back up your footage immediately and provide it to your attorney. In many cases, clear physical evidence can override false or overstated claims by the other party. Physical evidence includes proof of injuries and damage to both vehicles. If one party claims they can’t be at fault because they were driving 15 miles per hour, but the other person has such severe injuries that they are unlikely to walk independently again, those injuries will likely be enough to discredit the other party’s story. Don’t forget the importance of other property in the crash scene. You obviously want documentation of your injuries and vehicle damage, but you’ll also want to get photographs of the area around your vehicles. Tire marks, damage to medians or road signs, and damage to other private property can make it much easier for insurance adjusters and attorneys to recreate an accident scene. Eyewitness Testimony In some accidents, eyewitnesses will stop to help injured people and provide their observations to the police. This can be an extremely useful tool. For example, if someone runs a red light and hits you in an intersection, someone may stop and tell the police that they noticed the other driver texting and driving when they passed them earlier. This gives the police and the victim’s attorney a heads-up that they may need to subpoena the liable driver’s phone records. If you decide to pass on hiring an attorney and later realize you’ve been taken advantage of by the insurance company, it might be too late. There are several reasons you might choose to meet with a lawyer after a crash – even if you believe that your injuries are minor. Car accidents are far more expensive than you might think. Between medical bills, property damage to your car, lost wages, and other expenses, you could be left in serious financial distress. You can’t trust the liable party’s insurance company to make you whole after a crash. It’s not fair for you to take on the financial burden of a car accident when someone else is liable—an attorney can help you get what you deserve. When deciding whether or not to hire an attorney for your car accident, consider the worst possible outcome for both decisions. If you contact an attorney and it turns out you don’t need one, you’ll only be out about half an hour of your time. If you are involved in a car accident, you may assume that merely filing a claim will yield the settlement you deserve. Unfortunately, it doesn’t always work like this – car insurance companies are looking for every opportunity to devalue claims and save money. When you work with our experienced car accident lawyers, you improve your chances of receiving a fair settlement offer that fully compensates you for your losses. To schedule your free consultation, please send us a message through our website contact form, visit us in person, or call our office at (864) 707-1785 directly today.Spartanburg Car Accident Attorneys
Types of Car Accident Cases We Work On
Top Causes of Car Accidents
The Car Accident Claims Process in South Carolina
How is Fault Determined in a Car Accident?
Should You Hire a Lawyer for a Minor Car Accident?
Other South Carolina Areas Where We Help Car Accident Victims
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511 E. Saint John Street
Spartanburg, South Carolina 29302
Phone: (864) 707-1785
Fax: (864) 707-1766