Williamsburg Car Accident Lawyer
Car accidents are common, but the fallout from the consequences rarely is. If you have been injured in a car accident, our lawyers can help you get justice.
Car accidents happen for various reasons, but most are someone’s fault. Fortunately, our team can help you identify who should be held liable for your damages. In most cases, this will be the other driver. However, we can also file a claim against the car company or mechanic shop if their negligence contributed to the accident. No claim is too challenging for our experienced attorneys. Even if your accident was the fault of the state or a local government agency, we can help you get the compensation you deserve.
For a free case consultation with our car accident attorneys, call Burriss Ridgeway Injury Lawyers at (803) 451-4000.
How Car Accidents Occur and Who Can Be Sued in Williamsburg, SC
The majority of car accidents do not simply occur out of thin air. In most cases, someone is responsible for the injuries caused by the accident. Our car accident lawyers usually file claims against drivers for their negligence, but we have the experience to help no matter how your injuries are caused. You might have been injured because your vehicle was defective and should have been recalled, or the road itself might have caused you to crash. We can help you prove how your crash happened and who is responsible.
Driver Negligence
The majority of car accidents in Williamsburg are caused by driver negligence. Drivers have a duty of care to others on the road and to follow traffic laws as part of their driving privileges. If they drive carelessly or intentionally break the law and injure someone, they will be found liable for negligence. For instance, driving while texting and speeding are clear violations of the law that can be used as evidence of the other driver’s negligence.
However, a driver can still act negligently without breaking any particular traffic law. In most cases, the court will determine whether the driver’s actions were unreasonable compared to what a reasonable driver would have done under similar circumstances. For instance, a driver might have been following the law by setting the speed limit, but if it was storming at the time and they did not slow down, the court might find this behavior unreasonable under the circumstances.
You can also file a claim if the driver’s actions went beyond mere negligence. Some people are reckless on the road and aggressive in driving, no matter the conditions. For instance, drunk driving is a crime and is considered a form of reckless driving. The key difference between negligence and recklessness is the degree of awareness of the wrongful act. In these cases, you can often pursue “punitive” damages intended to punish reckless drivers.
Design and Manufacturing Defects
Some car accidents are not caused by anyone behind the wheel but are the result of a defect with the vehicle itself. A car company will sometimes recall a vehicle because a harmful flaw was identified after it had been out on the market. In the meantime, some people are injured by these defects. For instance, the brake system might have been designed in a way that leads to them routinely failing. In these situations, our team can help you file a product liability lawsuit against the company responsible for the car or part that malfunctioned.
In some cases, the defect is so baked into the vehicle’s overall design that it is defective. This means that it was manufactured exactly to the specifications but the design makes each one off the line dangerous. For example, many new cars have software that allows them to auto-drive. If the software is poorly designed, it will likely affect each vehicle.
In other cases, the vehicle’s design is fine, and the defect occurs during assembly. These are commonly known as manufacturing defects. If a manufacturer deviates from the original design, it could end in disastrous results. For instance, if the manufacturer uses weaker metal than the design calls for, it could cause much more bodily damage than the original design allowed for. Our team will investigate your claim to see whether the manufacturer, designer, or both should be sued.
Lastly, we will look into an independent repair shop or the dealership’s maintenance department to see if your car was worked on before your accident. What might look like a manufacturing defect could have been caused by a negligent mechanic. For instance, if you recently had your tires rotated and one of them came off to cause your accident, the company responsible for the repair is likely liable.
Poor Road Conditions
Other accidents in Williamsburg are caused by poorly maintained roads. Some roads are dangerous because they are neglected by the state, while others do not have signs or warnings drivers should be aware of. For example, you might have crashed into another car after hitting a large pothole in the road. When this happens, we can help you file a claim against the agency responsible for the road or conditions that caused your accident.
In many cases, a local or state government agency is responsible for the regular upkeep and maintenance of the roads. However, suing a government municipality is typically more challenging than filing a claim against another person. You most likely need to notify the agency of your intention to sue, and you will often have less time to file your claim. Discuss your case with our attorneys as soon as you can if you believe the city or state is responsible for your injuries.
Proving a Car Accident Claim in Williamsburg, SC
To win your claim, you will need evidence that satisfies a few critical elements. The first step to proving your case is showing the defendant owed you a duty of care. As mentioned, drivers have a duty towards those sharing the road, just as car makers have a duty to make their products safe.
Next, you must prove that the defendant breached their duty of care. The “breach” is how they caused the accident. If a speeding driver injured you, speeding would have been a breach of duty.
The real fight in a claim usually happens over causation. You need to prove that your current injuries are the result of the defendant’s negligence and not something else. In some cases, the defendant will argue that you contributed to the accident or your injuries resulted from a prior accident.
Lastly, you will need to show your damages. These typically include medical expenses and other financial losses, but emotional suffering can also constitute damages.
Our Williamsburg, SC Car Accident Lawyers Can Help You File Your Claim Today
Call Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for a free case review with our car accident lawyers.
