Greenville Fatigued Driver Attorneys

Injured? We can help you.

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Were you hurt in an accident caused by a fatigued driver? Don’t let someone’s carelessness cost you everything. An experienced injury attorney like those at Hammack Law Firm can help you get the answers and fair compensation you deserve after a severe injury accident.

Just one second of driver inattention can cause a serious accident, and when a driver is drowsy, they are often struggling to stay focused and alert. In many situations, a fatigued driver lacks the attention span to notice the actions of other drivers or pedestrians near them or react quickly to adverse conditions on the road. When someone feels tired and gets behind the wheel, it could lead to physical, emotional, and financial consequences for victims of a collision.

Call Greenville’s Hammack Law Firm at (864) 479-8742 to find out how we can help you recover the compensation you need to move forward with your life.

South Carolina Fault Rules

In South Carolina, any person who causes an auto accident could be held responsible for the resulting losses. Driving fatigued or falling asleep at the wheel is a form of negligence that proves liability for the victim’s injuries.

The fault rule states that a motorist could be financially responsible for an injured party’s losses if they are solely to blame for the crash. If the victim shares some fault, then the comparative negligence rule goes into effect.

Comparative negligence determines the maximum financial compensation an injured person is allowed to pursue if they’re partly to blame for the car accident. Their total costs and percentage of fault calculates how much money they can receive from the fatigued driver’s liability policy.

In a situation where you incurred $100,000 in expenses, for example, but the insurance adjuster finds you 20% at fault, you would subtract your percentage of blame from your total costs. That would leave you with up to $80,000 of compensation you’re allowed to pursue in an insurance claim.

What to Do After a Car Accident

You might think your injury is minor and choose not to call the cops to the scene or exchange insurance information with the other driver. That could end up being a colossal mistake. Some injuries take a few days to exhibit noticeable symptoms. Many times, shock kicks in immediately after a crash that masks the severity of some injuries.

Before you leave the scene of the accident, you have to call 911 and get the other driver’s auto insurance information. The investigating officer will speak to both of you to determine who was at fault and write up a traffic crash report.

Even if you’re unsure about whether or not you want to file an insurance claim, you should still collect some evidence before leaving the scene of the accident. Take photos of the area, including damage to the vehicles, skid marks, broken glass, and anything else you think is significant. You should also get the names and phone numbers of people who witnessed the collision happen.

Seek medical attention immediately after leaving the crash site. You can go to the hospital emergency room or an urgent care facility. The physician can evaluate your injuries and rule out anything serious. Medical records are one of the most critical pieces of evidence available in an accident claim.

The fatigued driver accident attorneys at Hammack Law Firm can handle all the legal aspects of your case for you, such as investigating and collecting evidence to build a strong case, so you can focus on your recovery.

How Much Compensation Am I Entitled To?

There are some factors to consider when you’re pursuing compensation in an insurance claim or lawsuit. The person reviewing the details of your case will look at multiple elements that could affect whether or not you receive the maximum compensation available.

  • The at-fault driver’s policy limits
  • The severity of your injury and necessary medical treatment
  • The extent of the damage to both vehicles
  • Your total costs resulting from the accident
  • Any missed earnings from the inability to return to work
  • Emotional distress or physical pain experienced that affected your daily life
  • The negative impact of the crash on your relationship with a spouse, child, or someone dependent on you
  • If comparative negligence existed at the time of the accident

Depending on all of these factors, you could potentially receive compensation for part or all damages. In South Carolina, the damages you can claim from a fatigued driver accident include:

  • Medical costs
  • Vehicle damage
  • Emotional or psychological trauma
  • Physical pain
  • Loss of consortium
  • Lost wages and loss of future earnings

If you can show clear negligence and evidence of your losses, there’s a good chance you can pursue the maximum compensation available to cover your damages. An experienced attorney can assist you and negotiate a fair settlement on your behalf.

Suing the Fatigued Driver for Damages

There’s no question that drowsy driving is dangerous. It puts other people at risk and could lead to debilitating or life-threatening injuries. If you want to file a lawsuit against the fatigued party for damages, you must prove the following:

  • The driver owed you a duty of care;
  • They breached that duty; and
  • Their breach led to your injury.

There’s a statute of limitations for all civil action in the state of South Carolina. The statute of limitations for pursuing compensation in an auto accident lawsuit is three years. You only have three years from the date of the crash to sue for damages.

If you try to file a lawsuit after the statue passed, the judge will likely dismiss your case. However, some exceptions could allow for an extension to the filing deadline, such as:

  • The injured party is physically or mentally unable to pursue their case because of mental illness.
  • The victim of the car crash serves time in jail, preventing them from filing a lawsuit.
  • The injured motorist files for bankruptcy, which places a stay on additional legal proceedings.
  • Both parties attempted to negotiate a settlement in good faith, but negotiations failed.

How Hammack Law Firm Can Help You

Fatigued driver accident cases are complicated. There are deadlines, state laws, and requirements you must adhere to if you want to receive compensation. If you submit inaccurate documentation or miss a deadline, your whole case could get thrown out, prohibiting you from pursuing legal action again in the future.

At Hammack Law Firm, our attorneys understand the complex nature of the legal process. When you hire us to represent you, we will take over to ensure each step gets handled appropriately and promptly. We know the kinds of evidence that will prove negligence on the part of the other driver and that you deserve compensation.

As soon as you retain our firm, we will begin a complete investigation into the accident and obtain crucial evidence, including:

  • The at-fault driver’s auto insurance policy
  • Copies of all your medical records and bills
  • Photos of the crash site and vehicle damage
  • Car repair bills
  • Rental car invoices
  • Lost wage reports for time missed from work
  • Police reports
  • Witness statements
  • Video surveillance

The evidence we submit during your case could increase the value of your compensation. Those who are unfamiliar with car accident cases don’t understand the type of documentation necessary to show your injury was the result of someone else’s negligence. That’s why hiring an attorney is important. We know how to maximize a case so our clients can pursue the financial compensation they deserve.

Our Reputation

We have been able to secure millions of dollars for our clients over the years. Our fatigued driver accident attorneys have decades of experience and received recognition from prestigious legal organizations, such as Million Dollar Advocates Forum and the American Association for Justice.

We serve victims throughout South Carolina and Georgia. We’re also available 24/7, so reach out to us to schedule your free consultation any time.

If you’re looking to meet with a fatigued driver accident attorney at no risk, you can schedule a free consultation with us. We don’t charge for an initial meeting to review the details of your case and determine if it’s something we can handle.

We know choosing a law firm can be a difficult decision. Our 30-day unconditional satisfaction guarantee means you won’t have to pay any legal fees or costs. If you decide you don’t want to pursue your case or want to work with a different law firm, you won’t owe us anything.

Speak with a Fatigued Driver Accident Attorney

Call (864) 479-8742 today to find out how we can assist you in pursuing the compensation you deserve. We’ll schedule your free consultation with a dedicated attorney. At Hammack Law Firm, our Greenville car accident attorneys know how to get our clients a full and fair settlement so they can recover from their injuries and put this devastating time behind them.

Injured? We can help you.
CALL NOW 864-326-3333

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Testimonials

I am so thankful for Paul and his team! My wife was hit by a car over a year ago while standing watching our kids at a field day. Paul and I discussed the situation and it was clear because of the significant liability on the part of the person driving the car that we needed to pursue an insurance settlement. We made one phone call to the hospital and insurance company and knew we were in over our heads. After that I knew that HLFs expertise was necessary to navigate these waters. They did a terrific job and exactly 7 months after the incident, all was settled. We are extremely satisfied and thankful for their work.
Did I mention Lynn? AMAZING. So refreshing to watch pros navigate what could be a stressful and drawn-out process with elegance and efficiency.
Haro Setian
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Excellent legal service. Got me a very fair settlement from a vehicle accident, kept me fully informed during the process. Well Done!
John Davis
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(Translated by Google) Excellent service in my car accident case. A law firm really reliable and professional staff atendiéndome in my language.(Original) Excelente servicio en mi caso de accidente de auto. Una firma de abogados realmente confiable y con personal profesional atendiéndome en mi idioma.
Fernando Rocha
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Well…I guess in my eyes a Testimony is more valuable than a Review! My wife has been involved with her case with the help of Hammack Law Firm. I was not involved nowhere near as much as my wife but yet I witnessed the struggle. Paul doesn’t make promises and guarantees that he can’t keep but the one promise and the one guarantee is that he will do everything he can to help you and be there for you! The measures of this man is immeasurable because he’s a man of Faith. My wife and I witnessed that first hand. Paul’s staff shows what his expectations are to be which makes them great at what they do! Now some of you may not post such praises and positive vibes but one can only speak from one’s experience and ours was Highly Favored! Stay Focused Paul you and your staff are continued to be destined for Greatness!

Adam Johnson
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I went to 3 other law firms first and they all told me my case was not worth pursuing. I had a serious incident and went through a lot so I decided to try 1 more. They took my case and Paul got me a lot more than I expected! Everyone there is so helpful & friendly. Traci was also amazing! Thank you soooo much for everything.
Bob
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Absolutely a great group of people to work with. I don’t think I could have chosen a better firm to handle my case. Everyone is friendly and informative. If I ever have anymore legal issues I will be going back!
Courtney Brown
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I have been very pleased with the Hammack Law Firm. This firm has been helpful in all ways of settling a dispute. If one ever needs an attorney, Hammack Law Firm is the best ! Everyone that works here is most helpful, courteous and very professional!
Jackie Looper
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My experience with this law firm was wonderful I recommend anyone who is in need of a lawyer to contact this law firm!
Briajah Rodgers
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I have had nothing but great experiences with this company. Mr Hammack,Tracy,and Shelly are very great to work with. They are on top of your case. I have never had to deal with this type of situation so they explained the whole process. Thanks you guys!!!!!
Kristi Mull
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I was bery pleased with paul hammack and his staff.
Brad Haynes
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We are very pleased with hammack law firm.

Alycia Jones
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Wonderful team, they know how to care care of clients!
Dan Hammack
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Paul and the entire Hammock Law Firm operate with integrity and excellence. The firm provides a client-centered approach to the case at hand, delivering the best achievable results. Highly recommended!
Dr. Cameron Guida
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Hammack Law Firm is absolutely one of the finest, profressional group of people I have ever met. They are compassionate about what they do. Paul is very personable and reaches out to each and everyone of his clients to keep them informed on their case! I give them a five star rating!!
Lauren Marvin
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Paul is a fantastic attorney. He is very easy to talk to, and provides excellent legal service. Highly recommended.
Dan Crotchett
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They were very friendly and nice. They answered all My questions very well. They welcomed my whole family. Did everything that I expected and more.
Kimberly Higgins
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Def! 5 stars recommended to friends and family… They have bilingual staff and 100%/dedicated to your case!!! Staff is amazing!!!
Brenda Monroy
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They were super nice and knew how to help me and were really friendly and helpped my family when we needed it.
Brittany Higgins
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Great group. Very professional atmosphere!
Hardy Auston
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Great experience!
Ben Dixon
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Hammack law firm was so easy to work with.
Denise Tessneer
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Attorney Hammack and his team of professionals are absolutely wonderful. They were informative every step of the way by explaining the personal injury process. They worked tirelessly to ensure that I would be granted the largest settlement possible and I did! They are a great law firm that I will recommend to anyone looking to be treated with dignity and respect. Thanks so much to all of you for the legal service provided to me!
LaConda Moore
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When I had my car accident, my life suddenly and radically changed. Instead of running my company and traveling all over the country to see clients, I found myself in bed for weeks, unable to move, facing multiple surgeries and procedures, and fully at the mercy of family and caretakers. Paul took our case and helped us through the emotional and financial strain of the situation. He helped us get the full insurance settlement quickly and efficiently, which helped get our life back on track.
Beckie R
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My husband and I were represented by Hammack Law Firm in an insurance dispute. Paul helped us get the most out of our case and avoid litigation.
Donna W
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