Personal Vehicle Accidents
Support Your Motor Vehicle Accident Case with a Personal Injury Lawyer
A variety of factors can cause motor vehicle accidents, including poor road or weather conditions, defective vehicle components, and in many cases, driver error. When someone is injured in a motor vehicle accident caused by driver error, the injured party may be entitled to compensation for their personal injuries or other losses if the other driver is found to have been negligent.
In personal injury cases like these, the burden of proof is on the plaintiff, the person who experienced injury and is bringing a claim. This means that no matter how serious the injuries are, the plaintiff must be able to prove that the other driver was at fault in causing the accident – and that the injuries were a direct result of the accident – in order to be entitled to compensation.
Even though the cause of motor vehicle accident injuries may seem obvious, proving another driver acted negligently is a challenging endeavor as there are often multiple factors involved in a car accident, and determining fault can be complicated. Evidence is everything in proving fault in a motor vehicle accident, and may include:
Photos and/or videos from the scene of the accident, showing debris, broken glass, and skid marks; damage to the motor vehicles; property damage to road signs, guardrails, and surrounding landscape; and any other factors that may have contributed to the accident, such as road defects or construction.
Photos of injuries caused by the accident.
Contact information for drivers, passengers, and witnesses to provide witness statements.
Police reports, which include the responding officer’s assessment of the cause of the motor vehicle accident.
Medical records and receipts, if the claim involves pursuing damages for medical expenses.
Car maintenance records.
Work absence records, if the claim involves pursuing reimbursement for lost wages.
Cell phone records, which may show that the other driver was calling or texting someone at the time of the accident.
Motor vehicle recall reports, which could uncover a vehicle malfunction or defect that played a role in the accident.
This is where it helps to have the support of an experienced personal injury lawyer to help assemble such evidence and build a strong motor vehicle accident case to prove negligence and maximize compensation.
When you have a consultation with our motor vehicle accident attorneys, they will ask you a series of questions to attempt to determine whether you may have a claim. If our attorneys believe it is possible that there is a case to be made, we will work with you to gather all the evidence necessary to present your personal injury case. Contact us today to get started.
FAQs
What is negligence?
In general, negligence is the legal doctrine that requires people to conduct themselves in a reasonable manner. The elements of negligence are: A duty of care was owed by the defendant to the plaintiff; The defendant breached that duty, and as a result of the breach, the plaintiff has been damaged. All operators of motor vehicles have a duty of due care to operate the vehicle in a safe manner and follow the traffic laws of the state.
Who is responsible for the accident?
After an accident, an officer generally arrives on the scene and will provide you a document stating which party “contributed” to the accident. While this document may be useful for attorneys and insurance adjusters, it is generally inadmissible at trial because the officer did not personally witness the accident. The parties must prove fault through other means, including the testimony of the parties and witnesses, physical evidence including photographs, and expert witness.
What if both parties caused the accident?
In South Carolina, you can still recover your damages from a motor vehicle accident if you are partially at fault, so long as it is determined that you are less than 50% at fault. This is a doctrine that is known as comparative negligence.
What might I recover?
A party who has been injured or has died due to medical malpractice can recover damages designed to compensate them for their injuries/death. These include but are not limited to compensation for their medical bills, lost wages and diminished earning capacity, permanent injuries and impairment, disfigurement and scarring, pain and suffering, mental anguish and aggravation, and their loss of enjoyment of life or change in lifestyle. On rare occasions, the conduct of the health care provider may be so egregious that punitive damages, which are designed to punish the behavior, may be awarded to the injured party.
Should I hire an attorney for my accident claim?
In our experience, for most all car and trucking accident claims, insurance companies will not provide you fair value for your damages, particularly in more serious and complex claims, if you do not have an attorney. We have extensive experience in working with adjusters and know how to maximize your claim – by being willing and ready to take it to trial if necessary.
What do I need to have my case reviewed?
Before contacting the HHP Law Group for a consultation, if possible, gather your documentation from the accident, including any report provided to you by the policy, any photographs of the vehicles or your injuries, any related medical records and bills, etc., any information regarding lost wages.
Call Us Today
If you have been in a motor vehicle accident, don’t wait. Call us today at 803-400-8277 to schedule your free consultation.