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 for a free case review by dialing (803) 855-1040.
What to Do After an Orangeburg, SC Car Accident
Being involved in a car accident in Orangeburg can be a stressful and overwhelming experience. Knowing what steps to take immediately after will not only ensure your safety but also help protect your rights. By taking these steps, you are starting your case on the right foot. Our car accident attorneys will stand by to take your case the rest of the way. The following recommendations should be observed so that you do not jeopardize any potential compensation to which you could be entitled:
Ensure Your Safety
The first and most important step after a car accident is to ensure the safety of everyone involved. If possible, move your vehicle to a safe location away from moving traffic. Turn on your hazard lights and, if necessary, set up flares or warning triangles to alert other drivers. Check yourself and others for injuries, and call emergency services if medical attention is needed, as some injuries are not always immediately apparent.
Call 911
Even for minor accidents, contacting local law enforcement immediately to report the incident is highly recommended. By doing so, an official police report will be created, which will document all the important details about the accident, including the parties involved, witness statements, and any traffic law violations that occurred.
This report can be a valuable piece of evidence when pursuing a legal claim. It can help determine who was at fault and the extent of the damages caused.
Exchange Information with Other Parties
After ensuring everyone’s safety and contacting the police, exchange information with the other party involved in the accident. Obtain their name, contact information, driver’s license number, insurance details, and vehicle registration information. Be polite and avoid discussing fault or making any admissions of guilt. Stick to the facts and refrain from making statements that could later be used against you.
Document the Accident Scene
It is also important to gather as much evidence as possible at the scene. To do this, start by taking photos or videos of the damage to all vehicles involved, including any scratches, dents, or broken parts. Be sure also to capture images of the surrounding area, including any relevant road conditions or signage that might have contributed to the accident.
Additionally, note the time, date, and weather conditions at the time of the accident. If there are witnesses, collect their contact information and statements if they allow.
Get Immediate Medical Attention
You should seek medical attention right away, even if you do not feel injured. Many injuries might not be immediately noticeable, such as whiplash or internal injuries, which can have serious long-term effects if left untreated.
By seeking medical attention, a doctor can evaluate your condition and diagnose any injuries you might have sustained. This documentation will be essential for your claim and can help determine the appropriate compensation for your damages. Additionally, prompt medical attention can help prevent any further complications or worsening of your condition. The opposing side often uses delaying treatment as a reason to lower your compensation.
Notify Your Insurance Company
In most car accident cases, you will need to notify your insurance company. While it is important to cooperate with their investigation and provide the documentation they request, remember to be cautious when discussing the accident with insurance adjusters and avoid admitting fault or speculating about the cause of the accident. Additionally, be sure to keep a record of all communication with your insurance company, including the names and contact information of any representatives you speak with.
Contact Our Firm
When someone else’s negligence injures you in a car accident in Orangeburg, seeking legal advice can make all the difference in the success of a case. Our team can help you navigate the complex claims process so that you receive fair compensation for your injuries. With our help, you can focus on your recovery while we work tirelessly to protect your rights and secure the best possible outcome for your case.
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 to be 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 opens with a low settlement offer at the beginning of your case. If we have to, we can fight your case at trial.
Damages You Could Recover for a Car Accident in Orangeburg, SC
Car accidents can have devastating consequences for those involved, causing not only physical injuries but also emotional trauma and financial difficulties. When seeking compensation for car accident cases, there are generally two types of damages that can be claimed: economic and non-economic.
Economic damages refer to the financial losses incurred as a result of the accident, such as medical expenses, lost wages, and property damage. On the other hand, non-economic damages are more subjective and can include pain and suffering, emotional distress, and loss of enjoyment of life.
Economic Damages
These damages are intended to compensate you for the monetary expenses that you have suffered. In a car accident case, economic damages can cover a wide range of expenses, including medical expenses, lost wages, property damage, and rehabilitation costs.
Medical expenses are a common type of economic damage in a car accident case. These expenses include the costs associated with ambulance fees, hospital stays, surgeries, doctor visits, prescription medication, rehabilitation, and any other necessary medical treatments. The compensation for medical expenses can cover both past and future expenses, depending on the severity of your injuries.
Lost wages are another type of economic damages that you might be entitled to receive if your injuries prevent you from working. This includes compensation for the wages you have lost during your recovery period and any future lost wages if your injuries result in a long-term disability.
Non-Economic Damages
Non-economic damages are intended to compensate you for intangible losses that do not have a direct monetary value. These damages account for the physical, emotional, and psychological pain and suffering you have endured as a result of the car accident.
One of the most common types of non-economic damages is pain and suffering, which compensates the victim for the physical pain, discomfort, and emotional distress associated with their injuries.
Another type of non-economic damage is emotional distress, which compensates the victim for significant emotional trauma caused by the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Call Our Orangeburg, SC Car Accident Lawyers for Help
If you need help with a car accident claim, call Burriss & Ridgeway at (803) 855-1040 for a free case assessment with our experienced car accident attorneys.
