If you or a loved one is the victim of another driver’s negligence, the Greenville car accident attorney of Hammack Law Firm is prepared to help you take legal action.
Your Auto Accident Lawyer With Extensive Experience
Each time you get in the car to commute to work, drop the kids off at school, or take a quick trip to the grocery store, you are taking a chance on your life. Driving is an essential component of our daily routines, but the fact is even though you may be taking every necessary precaution to drive safely, others may not be so considerate.
The CDC reveals that car accidents result in more than 32,000 deaths and 2 million injuries each year. In 2017, 1,035 traffic fatalities occurred on South Carolina roads.
For the compensation necessary to recover from a devastating car wreck, contact us at (864) 479-8949 today.
Frequent Distractions that Lead to Car Accidents
Many car accidents are due to human error and could have likely been prevented with added precaution. Eyes on the road, hands on the wheel, and undivided attention to your surroundings is the only way to drive safely. Sadly, even if you drive perfectly, you can’t fully account for someone else’s lack of responsibility.
Some of the most common causes of wrecks include these acts of negligence:
- Texting while driving
- Distracted driving
- Failure to use turn signals
- Failure to look before changing lanes or making turns
- Fatigued driving
- Driving under the influence
- “Rough housing” with other drivers while driving
- Running red lights or stop signs
- Failure to yield
- Reckless driving
- Failure to modify one’s driving for new weather or road conditions
- Disobeying traffic laws
- Operating a poorly-maintained car
These driving mistakes can serious hurt or kill innocent individuals. Drivers that knowingly partake in negligent driving should be held accountable for the accidents they cause.
Common Injuries Suffered in Auto Accidents
Bodily injuries can range from moderate to severe. It is essential to seek medical attention to accurately determine the severity of a car accident injury. Sometimes, car accidents result in long-term or permanent injuries that need to be taken care of with medical treatment for extended periods of time. This is not only costly, but can also result in a major alteration to a victim’s lifestyle.
Common injuries suffered in car accidents include, but are not limited to, the following:
- Broken bones (ribs, legs, arms, neck)
- Lacerations (cuts and scrapes)
- Internal bleeding (punctured organs)
- Head injuries (brain trauma)
- Spinal cord injuries
- Soft tissue injuries (whiplash)
Do not suffer these horrible injuries alone. The Greenville injury lawyer of Hammack Law Firm is ready to help you seek financial recovery when you are.
Dial (864) 479-8949 now to get in contact with an empathetic and highly-skilled car accident attorney in your area.
How much is my case worth?
Every car accident comes with its own individual set of circumstances that can alter the amount of available damages. The cause of the accident and the resulting injuries will help determine how much compensation is available to you.
Victims of an auto collision can seek economic, non-economic, and even punitive damages.
Economic Damages are direct costs resulting from the events of the accident, such as:
- Vehicle repairs
- Medical bills (past, present, future)
- Lost wages
Non-Economic Damages are damages that are not easily calculated but can add value to your claim, nonetheless, including:
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
Punitive Damages serve to punish liable parties for exhibiting intentional misconduct and do not directly compensate the victim of the accident.
How quickly you bring your case forward can also contribute to the amount of available compensation, as useful evidence to build your case is easier to gather within a close timeframe of the accident.
South Carolina Traffic Accident Laws
As per South Carolina’s Code of Laws, South Carolina Code of Laws section 15-3-530 sets the statute of limitations, or the amount of time that a victim of driver negligence has to file a claim for their car accident injury, property damage, and the wrongful death of a loved one. Victims are allowed three years from the date of the accident to file their claim.
For wrongful death, the three-year statute of limitation period commences on the date of death caused by the accident. Any action taken towards filing after the time bar is up, can be motioned for dismissal and the case will likely not be heard.
If the defendant you are filing against claims that you have partial fault in causing the accident, your case will likely proceed to a trial in which the amount of compensation your damages are worth will be reduced by your percentage of liability. This is because South Carolina follows the comparative negligence rule that holds all liable parties accountable for their driving. Drivers that contribute more than 50 percent of fault cannot recover damages in a “torts claim” in South Carolina.
It is also important to note that the South Carolina Code of Laws section 56-5-1270 requires individuals involved in an auto collision to file a Traffic Collision Report form and send it to the state’s Department of Motor Vehicles if the crash resulted in:
- $1,000 in property damages or more
- Physical injuries or fatalities
Drivers and owners of vehicles that were involved in an accident with these conditions need not file the form if a police officer has already investigated the condition of the vehicles at the scene of the accident.
In South Carolina, auto liability insurance policies are a requirement for every driver. The liability insurance should cover the no-fault driver for damages caused by the accident including:
- Bodily injury – Any physical injuries that result in the need for medical treatment, loss of wages, and pain and suffering.
- Property damage – Damage to vehicles and other property near the scene of the accident that was caused by the crash.
- Uninsured motorist/underinsured motorist coverage – Protection for damages caused by uninsured/underinsured motorists who do not have the means of paying you for bodily injury and property damage.
A claim can be pursued by the victim of the accident against the at-fault driver to recover compensation for bodily injury and property damage.
If you want more information on how South Carolina laws apply to your case, consult the attorney of Hammack Law Firm at (864) 479-8949.
Steps to Take Towards Compensation
In the state of South Carolina, your liability insurance policy should cover damages as a not-at-fault driver. However, if you wish to seek compensation against the person responsible for your car accident, there are steps you can take to assist in proving negligence and building a strong case:
1. First and foremost, seek medical attention.
Even the slightest injury can become worse later on. Shock and adrenaline may block off some pain, but a medical professional can make an informed assessment of the injuries you have sustained.
Your wellbeing is the number one priority, so seek medical attention as soon as possible. The medical records can serve as proof to your degree of suffering and serve as evidence of monetary damages inflicted on you because of the accident. These will later be essential compenents of your case.
2. Gather the other driver’s personal information.
Within reasonable capacity, jot down the contact info of all parties involved. Get the name and insurance contact info of the parties involved in the crash.
Get personal contact information from any witnesses. If the injuries sustained in the accident strip away your ability to make these interactions, a police officer can surely assist you at the scene.
3. Police and accident reports.
A police officer is likely to assist the scene of an accident, especially if injuries or fatalities have been called in.
Ask the officer questions, including where you may retrieve a copy of the accident report. Take note of any traffic citations that were issued, as this is tell tale of negligent driving on behalf of the other party.
Evidence of tire skid marks, and other hard fact evidence such as damage to your car can be indicative of negligent driving that caused the accident.
Try and take pictures, videos, and write down a detailed account of the scene, as well as the events that played out when the situation is fresh. Details are most accurate the sooner they are recorded. If you call our team at Hammack Law Firm upon the event of an accident, we can immediately send investigators to gather important and effective evidence to build a strong case for you.
4. Medical bills, damage statements, pay stubs – any proof financial losses.
Even for the most minute of injuries, seek medical attention because records can help strengthen your case and you are likely to recover faster if treated.
Lost wages can also weigh heavy on the victim and their family. Keep previous and current pay stubs that illustrate your loss of income due to time missed from work. Any other damages, such as repairs to your vehicle, should also be included with your documentation.
5. Seek a team of professionals.
Our team has extensive knowledge of traffic laws in South Carolina, experience litigating in court, and have handled similar situations successfully, over and again.
We know the tactics insurance companies use to try to undermine your injuries, pain, and suffering to reduce part or all of the payout that they owe you.
The lawyer at Hammack Law Firm will confidently fight the insurance company to recover the maximum settlement on your behalf. We are not afraid to take your case to trial if necessary.
Your recovery is our top priority. Having a lawyer help you seek compensation can alleviate financial burdens that accumulate after an accident. Hammack Law Firm of Greenville, South Carolina offers superior client service through individualized attention, diligent investigation with a team of research professionals, and years of experience in securing maximum settlements.
Call (864) 479-8949 now to speak with an attorney who can help you see the path towards healing despite the undue tragedy that has befallen you.
CALL NOW 864-326-3333