Columbia, SC Car Accident Lawyers

Car accidents happen all too frequently in Columbia, often leaving victims with serious injuries and unexpected challenges. If another driver’s careless actions caused your crash, you may be entitled to financial compensation for your losses.

Recovering from a car accident can involve significant medical care, time away from work, and emotional stress. Pursuing the compensation you deserve isn’t always straightforward, but you don’t have to go through it alone. Our experienced car accident lawyers are here to guide you through every step of the legal process and help you understand the true value of your claim. Regardless of the circumstances surrounding your crash, we’re committed to fighting for the full recovery you deserve.

For a free case review, contact our car accident attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

What to Do After a Car Accident in Columbia, SC

If you have experienced a car accident, it is important to know what to do next to protect your rights. You might be hurt and scared, and the pressure of the situation could make it hard to focus. Nonetheless, you can take some measures that can significantly assist you in obtaining compensation later.

After getting your case off to the right start, our car accident attorneys can take care of the rest and work to get you the compensation you deserve. To ensure you have the best chance of recovering damages, you can follow the following steps after suffering a car accident in Columbia:

Call the Police

After an accident, one of the most important steps you should take is to call the police. Even if there are no visible injuries or major property damage, having law enforcement on the scene ensures the incident is properly documented. The responding officers will speak with everyone involved, assess the situation, and compile their findings into an official accident report.

This report often contains key details about the crash and may include notes on potential legal violations. Once it’s been filed, our team can help you request a copy from the appropriate police department to support your case.

Exchange Information with Other Parties

After calling the police, exchanging information with the other driver is important. Make sure to obtain their insurance information and, if possible, their name, address, and phone number to serve a lawsuit if needed. This information is typically included in the police report, so do not worry if the other driver refuses to cooperate. They cannot refuse to answer the police without consequences.

It is also recommended that you talk to any witnesses present at the scene. They might have witnessed important details that could prove useful in court later. Be sure to obtain their contact information, as it might be required months later and could be easily forgotten if not recorded.

Collect Evidence

If it’s safe, take a few moments to photograph the accident scene before you leave. Use your phone to document important details like the damage to each vehicle, any debris scattered on the road, the final positions of the vehicles, skid marks, and surrounding conditions such as lighting and weather. These images can provide powerful evidence when building your case.

It’s also important to photograph your injuries. Cuts, bruises, and swelling may fade over time, which can make it harder to convey the full extent of your pain and trauma later on. Having clear photos taken shortly after the crash can help show the true impact of your injuries, even if they’ve begun to heal by the time your case is presented in court.

Seek Medical Treatment

It’s important to get medical attention as soon as possible after a car accident—even if you feel fine at first. Some injuries, like internal trauma or soft tissue damage, may not be immediately noticeable. A prompt medical evaluation can help identify any hidden issues and ensure you get the treatment you need for a full recovery.

Beyond protecting your health, seeing a doctor right away also creates a medical record that links your injuries to the crash. If you decide to file a claim for compensation, this documentation can serve as key evidence that the accident caused your injuries. Even a brief visit to the emergency room can make a big difference in supporting your case.

Consult with Our Attorneys

Our team will closely collaborate with you throughout the legal process to maximize your chances of receiving compensation for the damages you suffered. We will assist you in obtaining payment for your medical expenses and lost wages while also safeguarding your rights throughout your case.

We can draft your complaint and other important documents and contact other parties on your behalf. If your case cannot be settled through negotiations, we are ready to take it in front of a judge or jury.

Damages Available in Car Accident Cases

Car accidents are notoriously dangers, and drivers and passengers may be badly hurt. Additionally, you may also encounter expensive vehicle repairs. The costs, both monetary and otherwise, may be high, and you deserve fair compensation.

Economic Damages

Your economic damages consist of the injuries or losses that cost you money. Car accidents are infamous for being expensive, and you might be dealing with mounting bills you cannot afford.

First, we should consider your physical injuries and the medical treatment you received after the accident. Hospital bills are often very costly. If your injuries are serious, your medical needs might have been extensive, and your bills might be off the charts.

Your injuries might also prevent you from returning to work, thereby costing you valuable income. The longer you cannot work, the more income you lose, and the higher your economic damages may be. If you cannot work indefinitely, we may claim the value of lost future earnings, too.

Your property and personal belongings might need to be repaired or replaced, including your vehicle. This may be incredibly expensive, depending on the extent of the damage. As such, these costs should be tallied up and added to your claims.

Non-Economic Damages

Your non-economic damages should account for injuries and losses that may not be proven with evidence of financial costs. Instead, these damages may be based on subjective personal experiences that caused you pain and distress.

Your physical pain from the accident is a major component of non-economic damages. For many, the pain is excruciating and lasts for a long time. Chronic pain conditions can persist for many years or even forever, and you may be entitled to substantial compensation.

Mental and emotional distress is also a significant component of your non-economic damages. The accident might have been especially traumatic, and your injuries might have caused you severe distress. These experiences, while subjective, may be worth considerable damages.

Punitive Damages

In cases where the defendant’s actions are particularly shocking or abhorrent, the court may award the plaintiff punitive damages as a sort of financial penalty for the defendant. These damages are somewhat rare, but may be possible under certain circumstances.

According to S.C. Code Ann. § 15-32-520(D), punitive damages may be awarded only if we can prove by “clear and convincing evidence” that your damages resulted from the defendant’s reckless, willful, or wanton conduct. This is much more serious than ordinary negligence, and the burden of proof is very high.

Who Can Be Held Responsible for a Car Accident in Columbia, SC?

Car accidents can be complicated, and who is responsible for the damages is not always clear. If you are involved in a two-car accident, you might sue the driver who hit you. However, if multiple drivers contributed to the accident, you might need to sue all of them.

Other Drivers

Vehicle owners could also be held liable if they let careless drivers use their cars. Our goal is to help you navigate these legal matters and make sure you receive the compensation to which you are entitled.

If you were involved in an accident with a commercial driver, your employer could be held responsible under respondeat superior. This means employers can be held accountable for their employee’s negligence if the accident happened while they were working. If a commercial driver hurt you while you were working, you can usually sue the driver and their employer, even if the employer was not directly involved in the accident.

Rideshare Drivers

If you were injured while using a rideshare service like Uber or Lyft, the company might share some responsibility, but it is usually not possible to sue these companies. Their drivers are independent contractors, not employees. However, you can still sue the driver who caused the accident. In most cases, rideshare companies and their drivers have higher insurance limits, which can help cover your expenses.

Auto Parts Manufacturers

In rare cases, a flaw in your car’s design or manufacturing might have caused your injuries. If that is the case, the manufacturer or designer can be held responsible for the defective part that caused the accident.

Evidence We Need for Your Car Accident Case

To get financial compensation, we must have enough evidence to meet our burden of proof. In most civil cases, the burden of proof is a “preponderance of the evidence.” To sum it up, this means we must present enough evidence to convince a jury that it is more likely than not that the defendant is liable for your damages.

Records

Various records may be necessary to prove certain details and facts about the case. For example, we may need copies of your medical records from when you received treatment to prove how badly you were hurt and your medical costs.

We should also try to get police reports about the car accident, especially if the accident caused severe injuries or death. While police reports are often considered inadmissible hearsay, they may contain information we can use to obtain evidence that is admissible. Alternatively, there are numerous exceptions to the rule against hearsay that may allow us to enter the reports as evidence.

Photos and Videos

In many vehicle accident cases, drivers record numerous photos and videos of the crash and its aftermath. Often, these recordings are meant for insurance claims, but they can also be entered as evidence in court, depending on the details preserved in the photos and videos.

We might also find video footage of the evidence from sources around the crash site. Nearby homes and businesses might have security cameras that caught the accident on video. We should also ask witnesses who were driving by if they had dashcams that might have recorded important information.

Testimony

Testimony from those with personal knowledge of the accident may be invaluable. Eyewitnesses who saw the accident occur may testify about what they saw, including the defendant’s actions. The more people who can testify in court, the stronger your case may be.

You should also testify about your experience. Only you may be able to discuss non-economic damages, such as pain and suffering. Additionally, since you were involved in the accident, you may have valuable information about how it occurred.

Common Types of Car Accident Claims That Our Attorneys Handle for Clients

After a car accident in Columbia, several types of claims can be made. Each type of claim has its own challenges that must be navigated to ensure you receive the compensation you deserve. Each type of claim requires different types of evidence and documentation to support your case. This is why it is crucial to consult with our experienced car accident attorneys, who can guide you through the process and help you gather the necessary information to build the strongest case possible. The following are common car accident claims we handle throughout Columbia:

Claims Against Other Drivers

Car accidents are common on roads and highways and often result in claims being filed against another driver. In such cases, the claimant asserts that the accident was caused by the other driver’s negligence, which led to their injuries.

Negligent driving can include reckless behaviors such as speeding, driving while distracted, or driving under the influence of drugs or alcohol. In order to succeed in such claims, the claimant must prove that the other driver breached their duty of care and that this breach was the cause of the accident and resulting damages. This requires gathering evidence such as eyewitness accounts, medical records, and police reports to establish liability.

Ultimately, the success of a car accident claim hinges on the ability to demonstrate that the other driver was at fault and that their negligence directly led to the injuries and losses suffered by the claimant.

Uninsured Motorist Claims

It is an unfortunate reality that not all drivers on the road carry the required auto insurance. If you are involved in an accident with an uninsured driver, you might have to turn to your own insurance company for compensation through an uninsured motorist claim. However, this can be challenging, as insurance companies often try to minimize payouts.

Thus, it is important to have a clear understanding of what your insurance policy covers in the event of an accident with an uninsured driver. Some policies might offer full coverage in these situations, while others might have limitations or exclusions. It is always a good idea to review your policy and speak with your insurance agent to clarify any questions you might have.

It is also important to be aware that insurance companies might try to minimize payouts in uninsured motorist claims. They might dispute the extent of your damages or attempt to shift blame onto you or other parties involved in the accident. In order to protect your rights and ensure fair compensation, seeking legal representation or consulting with an independent claims adjuster is often necessary.

Rideshare Accident Claims

In recent years, the popularity of ridesharing services like Uber and Lyft has grown exponentially. However, with this growth has come an increase in accidents involving these vehicles. Dealing with a rideshare accident can be complicated because of the various parties involved and the unique insurance policies that rideshare companies have in place.

When it comes to filing a claim after a rideshare accident, there might be different parties you can file against depending on the circumstances. For example, you might be able to file a claim against the rideshare driver, the rideshare company, or even a third party. Insurance coverage can also vary depending on whether the driver was on the clock at the time of the accident or not.

Commercial Truck Accident Claims

Accidents involving commercial trucks can be devastating, leading to serious injuries, significant property damage, and even fatalities. These types of accidents often involve a number of different parties, including the truck driver, the trucking company, and potentially the truck’s manufacturer or cargo loader.

In addition to the physical damage and injuries, legal claims related to truck accidents can be incredibly complex and contentious because of several factors. For example, the trucking industry is highly regulated, which means that several different laws and regulations can come into play when an accident occurs. Additionally, given the potential for significant damages, a lot of money might be at stake, which can lead to disputes between the parties involved.

Can I Sue for a Car Accident if I am Partially At Fault?

Sometimes, the plaintiff in a car accident case bears a bit of the blame. If that is the case, plaintiffs may still recover damages, but only up to a certain point.

If the defendant claims you contributed to the accident, the court may assess comparative negligence laws. Under S.C. Code Ann. § 15-38-15(A), you may still recover damages even if you are partially to blame for the car accident. Typically, if you are found to be responsible, your damages are reduced according to your share of fault. If you are 10% responsible, your damages may be diminished by 10%.

Your damages may only be diminished so far before recovery is legally barred. If you are more than 50% responsible, as determined by the trier of fact, you may be totally barred from recovering any damages.

While defendants often claim that plaintiffs contributed to the crash, they still need to prove it. The court might not even consider their claims if they do not have sufficient evidence to support them. As such, we should have evidence showing that you were not negligent during the accident, just in case this argument comes up.

Do You Need an Attorney to File a Car Accident Claim in Columbia, SC?

While it is not always necessary to hire an attorney after a car accident, there are certain circumstances where legal representation can be crucial for protecting your rights and obtaining compensation.

For instance, if you or a loved one has suffered serious injuries or if the accident resulted in a fatality, it is highly recommended to consult with our team. Serious injuries can lead to extensive medical costs, prolonged periods of work absence, and significant pain and suffering. Our attorneys can help you calculate these costs and fight for the full amount of compensation you deserve.

In some cases, the other party involved or their insurance company might dispute liability, claiming that you were at fault for the accident. If liability is being contested, it is crucial to have a firm on your side that can gather and present evidence to prove the other party’s negligence.

Insurance companies often try to minimize payouts by offering low settlement amounts. If you believe the settlement offer you received is unfair and does not cover your damages, it is wise to consult with an attorney. They can negotiate with the insurance company on your behalf and strive to get you a higher settlement.

If the at-fault driver does not have sufficient insurance coverage to compensate for your damages, a car accident attorney can help you explore other avenues for compensation. This could include filing a lawsuit against the at-fault party or making a claim under your own uninsured or underinsured motorist coverage.

Car accident claims can involve complex legal issues, especially if multiple parties are involved, if the accident occurred in a construction zone, or if it involved a commercial vehicle or government entity. Our experienced attorneys can navigate these complexities and ensure all legal procedures are correctly followed.

The Time Limits to File a Car Accident Lawsuit in Columbia, SC

In Columbia, the law sets a specific period within which a legal case can be filed after an accident – it is three years from the date of the accident and is outlined in S.C. Code Ann. § 15-3-530(5). However, it is highly recommended that you refer your client’s case as early as possible, even though you have a three-year timeframe.

Delays that are unnecessary or unexpected can have a significant impact on the case and the ability to file against the party responsible for the negligence. You will be cut off from recovering compensation if your case is not filed before the deadline.

Our Columbia, SC Car Accident Lawyers Can Help

Call our car accident lawyers at Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for a free case assessment.