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The aftermath of a car accident is overwhelming and confusing. You may not know what to do next, or how you will pay for your medical bills if you cannot return to work. If someone else caused your crash, you do have the right to claim compensation but obtaining the fair settlement you deserve is rarely easy. Our Charleston car accident lawyer can guide you through the process and protect your best interests at all times.
Charleston Car Accident Laws
In Charleston, as throughout the rest of South Carolina, you can sue any negligent party that caused your accident. Negligence is the legal term for carelessness. Even if another motorist or entity did not intend to cause an accident resulting in injuries, any error on the road can make another party liable.
The law in Charleston also recognizes that sometimes, accident victims can also be partly to blame for a crash. In these instances, injured individuals can still file a claim as long as they are less than 50 percent to blame for the accident, according to the state’s comparative negligence law.
Defendants in car accident cases often argue that victims were partly to blame, even when that is not the case. They do this to shield themselves from paying full damages. A Charleston car accident attorney can refute these arguments so you obtain the fair settlement you deserve.
Common Causes of Car Accidents in Charleston
Car accidents happen in an instant. It is not always easy to determine what caused your crash in the moments and days afterward. A few of the most common causes of car accidents are as follows:
- Aggressive driving: Road rage can cause people to drive aggressively. Following too closely, weaving in and out of lanes, and cutting off other drivers are all examples of aggressive driving.
- Impaired driving: When any motorist is impaired by alcohol or drugs, their reaction times are slowed, their judgment is negatively impacted, and they have perception issues. All of these are very dangerous when an impaired person is behind the wheel of a vehicle.
- Distracted driving: Texting and driving is not the only distraction drivers face on the roads. Eating, drinking, loud music, rowdy passengers, and even other accidents are all distractions drivers have to contend with.
- Speeding: Speeding is also a very dangerous behavior that does not only cause accidents but also increases the severity of them. When motorists speed, the force of any impact is much greater and causes much more severe injuries.
- Failure to follow traffic signs and signals: Red lights, stop signs, and other traffic signage and signals are installed to keep everyone safe on the roads. When any motorist fails to comply with these, it can result in a crash.
- Inadequate road conditions: Potholes, poor road design, and other inadequate road conditions can all cause an accident.
- Defective vehicle parts: Braking systems, tires, and steering wheel columns are just a few of the defective parts that can result in an accident.
Again, it is not always easy to determine what caused an accident in the following days and weeks. Our Charleston accident lawyer will conduct a thorough investigation to determine what caused your injuries and who is liable.
Common Car Accident Injuries
Despite the many safety features installed in most vehicles today, serious injuries still occur, even when an accident is seemingly minor. The most common injuries sustained in car accidents include:
- Concussions and other traumatic brain injuries (TBIs)
- Spinal cord injuries, including paralysis
- Whiplash
- Internal injuries, including damage to internal organs and internal bleeding
- Back injuries, including slipped discs, paralysis, and strains or tears
- Broken bones
- Facial injuries
Not all injuries are physical, or visible. Car accidents are very traumatic and can result in individuals suffering severe mental anguish, depression, anxiety, and post-traumatic stress disorder. While these injuries are not as obvious as physical injuries, accident victims still deserve compensation for them.
Determining Liability After a Car Accident in Charleston
In legal terms, liability refers to fault after a car accident. Determining who is to blame is not easy.
While most of the time, fault lies with one of the motorists at the scene, that is not always the case.
When another driver has acted negligently, they can be held liable for an accident. However, there are other parties that can be found liable, as well.
When a government entity improperly maintains a road, it can be held liable for an accident caused by improper road conditions. Holding a government entity liable for an accident is not easy, though.
There are shorter timelines and additional procedural rules that must be followed. Working with a Charleston car accident lawyer is critical when holding a government entity liable.
Manufacturers of vehicle parts can also be held liable for an accident if the products they created were faulty or defective.
Defective parts cause some of the most serious crashes on the road and manufacturers should be held liable for it.
Damages Available After a Car Accident
No one can determine the exact settlement amount, or the specific types of damages you may be eligible for after a car accident without first fully reviewing the facts of your case. Our car accident lawyer in Charleston can review all the losses you suffered as a result of the crash and accurately value your claim. The most common types of damages available in car accident cases are as follows:
- Emergency medical services, including ambulance services at the scene of the accident
- Current and future medical expenses
- Lost income
- Household expenses, such as the cost of cleaning services or necessary accommodations to the home, such as wheelchair ramps
- Mental anguish for any depression, anxiety, or mental health issues related to the crash
- Pain and suffering for the physical pain resulting from an accident
Call Our Car Accident Lawyer in Charleston for a Free Consultation
If you have been injured in a crash, our Charleston car accident lawyer at Trey Harrell can help. We can determine who is liable for your injuries, accurately value your claim, and help you obtain the fair settlement you are entitled to. Contact us to schedule a free consultation and to learn more about how we can help. Remember Trey Helps!
