Marlboro County Car Accident Lawyers
Unfortunately, car accidents in Marlboro County are part of everyday life. However, that does not mean you have to live with the consequences of a negligent driver.
If you have been injured in a car accident, our attorneys can provide the support you need to get the compensation you deserve. While negligent drivers cause most accidents, our investigation might discover other parties you can sue, increasing your chances of covering your damages. It is possible that your car malfunctioned at an inopportune time, or your dealership made a faulty repair. If these acts did not cause the accident but worsened your injuries, the business can be held responsible for its share of fault. The goal is to totally cover your economic and non-economic damages, ensuring you have the resources you need to recover from your accident.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 today for a free case analysis with our car accident lawyers.
Common Reasons Why Car Accidents Happen in Marlboro County, SC
Car accidents are common in Marlboro County and happen for many different reasons. Despite the numerous causes of car accidents, negligence plays a role in most of them. Our car accident attorneys will investigate exactly how your crash occurred to determine how the other person caused your injuries. Knowing how your particular incident was caused could also expose different parties who should be made to pay you compensation. By proving one of the types of negligence listed below, you can recover damages in your injury lawsuit:
Negligent Drivers
The most common reason for car accidents is other drivers’ negligence. Drivers can act negligently in a few ways that will make them liable. Negligence is often proved when another driver does not follow traffic laws. For example, a driver crashes into you when they run a red light or hits you while speeding. The violation of the traffic laws is itself evidence of negligence.
Drivers can also be held liable even if they technically follow traffic laws but still act unreasonably. Everyone behind the wheel has a duty to exercise reasonable care for others and themselves as part of their driving privileges. What is considered unreasonable will be different in each case and up to the court to determine.
For instance, perhaps a driver was traveling at 60 mph, which is the posted speed limit. However, it was also storming at the time. If the driver lost control because of the conditions and crashed into you, they would likely still be found negligent because it was unreasonable not to adjust their speed during the thunderstorm.
Negligent Car Repairs
Your car will likely need to be repaired at some point. If your accident happened soon after getting your car worked on, we can gather evidence to determine whether the mechanic and repair shop should be sued.
Some car repairs are routine. You must usually get new brake pads and tires and change the oil regularly. A mechanic could improperly repair the part, leading to an accident. Alternatively, evidence might show that the repair was never made in the first place.
Other repairs are less common. In some cases, you might need your power steering fixed or complex engine repairs. If substandard parts are used or negligently installed, it could cause an accident at a critical moment.
Who we will sue will depend on who made the repairs to your car. If it was a private mechanic, we can file a lawsuit against them individually. We can file a claim against the repair shop and the mechanic if they work for a particular business. Our team can also sue the dealership and its mechanic if your vehicle’s retailer made negligent repairs.
Negligent Car Designs and Manufacturing
Other times, your car accident is caused by your vehicle being negligently designed or manufactured. These accidents can happen if the car’s design has an inherent flaw that makes each one defective and should be recalled.
Accidents can also occur if the car is manufactured negligently, such as using substandard parts and metals. A poorly manufactured vehicle can lead to much more dangerous accidents since the car might not be properly rated for the crash.
However, the design or manufacturing defect might have only made your accident worse rather than caused it. For instance, you could be further injured by a defective seatbelt or airbag after being hit by a negligent driver.
Different Types of Compensation that Can Be Claimed in a Marlboro County, SC Car Accident Lawsuit
Determining the cause of your accident will help show liability, and reviewing the full range of your damages will help calculate the value of your claim. Damages for a car accident can be divided into “compensatory” losses and “punitive” damages. Each type is designed to achieve different goals.
Compensatory damages are intended to make you “whole,” compensating you for the losses directly resulting from the defendant’s negligence. This includes your economic and non-economic damages. Most victims are familiar with economic losses, including medical expenses, lost wages, and property damage costs.
Non-economic damages, on the other hand, compensate you for the “pain and suffering” you live with following the accident. This can include feelings of anxiety, depression, or other emotional suffering your accident caused. Remaining physical pain from your injuries can also be included in your compensatory damages.
Punitive damages exist to punish defendants for certain types of behavior rather than compensating victims. These damages are typically awarded in car accident lawsuits where the other driver acted criminally or egregiously. Specifically, S.C. Code Ann. § 15-32-520(D) requires victims to show clear and convincing evidence that the defendant acted wantonly, willfully, or recklessly.
“Clear and convincing” is a standard of proof higher than necessary for compensatory damages. It means that evidence of the other driver’s willful or reckless behavior is strong enough to convince the court that it is highly probable it occurred, as opposed to simply more likely than not. For instance, punitive damages are commonly awarded in cases where the defendant was arrested for DUI.
Our Marlboro County, SC Car Accident Lawyers Can Help You Get Justice Today
For your free case review, contact our car accident attorneys at Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.