Have you been injured in a car crash in South Carolina? You may be dealing with significant hospital bills and other expenses. If you find yourself unable to return to work, you likely have no way to pay your medical bills, rent or mortgage, auto loans, and other expenses. Insurance companies may try to blame you for the accident or get you to accept a small settlement now in exchange for waiving any injury claims.
Don’t let the accident derail your life, and don’t let the insurance company take advantage of you in a time of need. You need the experienced South Carolina car accident attorneys of Jebaily Law Firm on your side to fight for the other parties and insurance companies to provide you with the recovery you deserve.
Contact us by phone or online to schedule a free consultation with us today. We’ll provide a complimentary claim review and give you free advice about your best legal options.
Who Is at Fault for a Car Accident in SC?
The South Carolina car accident lawyers of Jebaily Law Firm are prepared to thoroughly and independently investigate your car accident to determine who is really at fault and then pursue the financial recovery you deserve.
In South Carolina, fault in car accident claims is decided under a standard called modified contributory negligence. Under that standard, a judge or jury decides, based on the evidence, what percentage each party was at fault for the accident.
Each party is then responsible for their percentage of the plaintiff’s damages. For example, if a jury finds a defendant 90 percent responsible for a car crash but finds the plaintiff 10 percent responsible, the defendant is liable for only 90 percent of the plaintiff’s damages. The plaintiff is liable for the remaining 10 percent they were responsible for the accident. In addition, South Carolina law does not permit plaintiffs to recover damages if they are found more responsible for the accident than all the other parties involved.
Common Car Accident Injuries in South Carolina
Injuries resulting from car accidents range in type and severity depending on the details of your crash. Some common car accident injuries include:
- Head and neck injuries – Car accidents can cause a whiplash effect that can result in significant and long-lasting neck and shoulder pain.
- Spinal injuries – The forces during a crash often cause spinal disc injuries or, in more serious cases, injuries to the spinal cord itself. Damage to the spinal cord can result in paralysis.
- Broken bones – Arms, legs, and ribs are particularly susceptible to fracture during a crash, but any bone in the body could be broken.
- Joint and ligament damage – Occupants of vehicles in accidents can suffer injuries like dislocations and ligament or muscle tears. Knees, hips, shoulders, ankles, and wrists are particularly prone to injury.
- Traumatic brain injuries – Head impacts in car accidents can cause brain injuries like concussions, brain bleeds, or even coma.
- Internal organ injuries – The force of an impact can cause injuries to vital organs like your lungs, heart, or liver. Internal bleeding is also a possibility.
These injuries can require significant medical attention, sometimes for weeks or months after the accident. Some car accident injuries cause permanent disability.
Common Car Accident Causes in SC
Common driver-related causes of car accidents include:
- Distracted driving – Anything that takes a driver’s attention away from the road, such as texting, changing the radio, eating, talking to other passengers, and personal grooming, can be dangerous.
- Speeding – Speeding can cause drivers to lose control of their vehicles, especially when road conditions are poor. It can also make it more difficult to stop to avoid a crash. When a crash does occur, high speed can make injuries worse.
- Failure to observe traffic laws – When drivers fail to stay in their lane, stop at stoplights and signs, or signal turns, they become unpredictable to other drivers and can cause accidents.
- Drunk or drugged driving – Driving under the influence is one of the leading causes of accidents. A driver under the influence may lack the reaction times necessary to safely operate their vehicle.
Conditions on the road may also cause car accidents or contribute to driver-related causes of accidents, such as:
- Poor weather – Bad weather can not only make it difficult to see but also worsen road conditions, making controlling the vehicle, and stopping harder.
- Low visibility – Driving at night or in foggy conditions make it easier for drivers to miss other vehicles on the road.
Finally, car accidents may be caused by mechanical issues, such as:
- Lack of maintenance – Failing to obtain regular service for your vehicle can lead to engine, transmission, brake, or light problems that cause accidents or impact a driver’s ability to avoid an accident.
- Worn tires – Worn tires increase the risk of a blowout and greatly increase the braking distance of a vehicle, particularly in slick road conditions.
- Failure to clean the vehicle – Not ensuring that the car’s windows, mirrors, and headlights are clean can impair a driver’s visibility. Many drivers also fail to clean snow off the tops of their vehicles, which can fly off the vehicle and impair the vision of other drivers on the road.
South Carolina Car Accident Claim Process
If you believe you have a claim for compensation from a car accident, you should speak with the injury lawyers of Jebaily Law Firm. Our attorneys are prepared to investigate your claim and prepare a strong case for compensation on your behalf.
Other drivers in the accident have likely contacted their own auto insurance companies, who will likely take over defending against your claim. In some cases, the other party accepts liability and the only question is the number of damages.
If your expenses exceed the limits of the other driver’s insurance policy, their insurance company may offer you the full limit. You will want to contact your insurance company for coverage under your underinsured motorist policy to cover the difference of your expenses in these cases. Your insurance company may offer to pay you in exchange for being able to pursue your claim against the other driver. Your insurance company can also provide you with personal injury protection, or PIP, to defray some of your medical expenses.
If the other parties don’t accept responsibility for the accident, you will have to file suit or proceed to arbitration to determine responsibility. As the facts become clear during the litigation process, many parties ultimately settle the matter out of court to avoid the expenses and risks of litigation. But if the parties can’t agree on responsibility or damages, the matter may proceed to an arbitration award or jury verdict that determines liability for the accident.
How Can South Carolina Car Accident Attorneys at Jebaily Law Firm Help Me?
The South Carolina car accident lawyers of Jebaily Law Firm will immediately get to work to investigate your claim and document your expenses, whether you have been rear-ended, t-boned, had a head-on collision, or any type of car accident. We will fight to prove the other party’s responsibility for your injuries and seek the best recovery possible for your damages.
After a car accident, you should be focused on recovering from your injuries and continuing to provide for yourself and your family. Let us focus on pursuing the justice you deserve. Contact us by phone or online to learn more about your rights during a free, no-obligation consultation with our team today.