Orangeburg, SC Car Accident Lawyer
Traffic accidents can cause serious injuries to pedestrians, cyclists, drivers, and passengers in cars and other vehicles. If you were injured in a car accident, it is important to seek payment; otherwise, you would be left to pay for medical expenses and other damages on your own.
Our lawyers can help file your claims with the insurance companies and take your case to court if they refuse to pay you fair compensation for your injuries. We will also help collect evidence to build a strong case and advise you on what to do as your case progresses, handling all of the filings and argumentation on your behalf.
Call our car accident lawyers today at Burriss Ridgeway Injury Lawyers for a free case review by dialing (803) 451-4000.
Determining Fault in a Car Accident in Orangeburg, SC
Fault in a car accident is usually based on a legal principle called “negligence.” Winning a negligence claim requires the victim and their lawyer to show that the other driver who caused the accident did so by violating a law or an objective standard of reasonableness. You must also show that the violation caused the crash – i.e., that it would not have occurred without the driver’s mistakes – and that it resulted in damages.
Traffic Violations
Car accidents often occur because of a specific violation that you can point to, such as a driver’s speeding, running a red light, failing to use a signal while changing lanes, or other moving violations. Many crashes are also caused by tired driving, drunk driving, texting while driving or distracted driving. Any of these violations can form the basis of your car accident claim.
Reasonableness
Even when a traffic law is not specifically violated, our car accident attorneys can still use the victim’s unreasonable driving against them. Drivers must follow an objective standard of reasonableness and drive as an “ordinary driver of reasonable prudence” would drive. Doing anything objectively “unreasonable” while driving can also lead to liability. This could include a driver arguing with a passenger, failing to keep an eye on their blind spot, or even eating while driving – even when there is no specific statutory violation.
Comparative Fault
In many situations, the victim is not a perfect driver, and you might be afraid that your own mistakes might have caused the crash. In many cases, you can compare the other driver’s fault to your own, and they will still share the majority of the blame even if you did something that might be dangerous. For example, suppose you were going a bit over the speed limit. In that case, the court might consider that to be a few percentage points of fault in causing the crash – but the other driver’s overwhelming mistakes might outweigh that consideration. You can still sue as long as you are less at fault than the other driver.
Common Types of Car Accidents in Orangeburg, SC
Car accidents tend to occur in a few common ways, such as the following:
Rear-End Crashes
If a driver rear-ends you, they are likely at fault because they were tailgating. If a driver backs up into you, the accident is likely their fault instead, even though the rear end of their car suffered damage.
Front-End Collisions
If a driver hits you head-on, it is likely because someone was driving down a one-way street, because one driver crossed into opposing traffic, or because someone failed to yield while turning left across a lane of oncoming cars. In any case, the driver who broke the law will bear the blame.
Drunk Driving Accidents
Drunk drivers can often be held liable for crashes that involve them. Generally, you can have the arresting officer testify on your behalf and provide evidence of their BAC along with other test results.
Speeding Accidents
Proving that another driver was speeding does not necessarily require you to have hard evidence like a radar gun result to show that their speed was excessive. Witness testimony can often prove that a driver was going too fast, and an analysis of the vehicle damage can often show that the speed was beyond certain thresholds. If the driver was ticketed for speeding after the crash, you can use that ticket as evidence they were indeed speeding.
Low-Speed Crashes
Even if there is not much damage to the vehicles or the crash occurred in a parking lot, you could still be entitled to sue for injuries in a low-speed collision. These accidents can still cause serious whiplash injuries and other back and neck injuries, along with expensive repair bills.
Accidents with Commercial Vehicles
If you were hit by a truck, bus, taxi, or other vehicle driven by a commercial driver, you could be entitled to sue their employer as well as the individual driver. Their employer is responsible for much of what the driver does behind the wheel, and they could be liable for problems with the vehicle.
Getting Payments for a Car Crash in Orangeburg, SC Through Insurance and Lawsuits
In many cases, insurance claims can supply some of the damages you will need paid after a crash. However, insurance is better at getting repair costs covered than it is with expensive medical bills, long-term lost wages, and pain and suffering.
South Carolina law allows victims to file a claim with the at-fault driver’s insurance after a crash, but it also allows drivers and passengers to sue if they prefer. Taking your case to court in parallel with an insurance claim can put additional pressure on the insurance company to settle instead of fighting the case in court. Our lawyers can negotiate and help you to come to a fair settlement that covers your needs even if the insurance company opened with a low settlement offer at the beginning of your case. If we have to, we can fight your case at trial.
Call Our Orangeburg, SC Car Accident Lawyers for Help
If you need help with a car accident claim, call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case assessment with our experienced car accident attorneys.
