Speed is a major factor in countless injuries and fatalities in South Carolina and across the country each year. According to the National Highway Traffic Safety Administration (NHTSA), accidents caused by speeding killed 9,338 people in one recent year alone.
Drivers who ignore the speed limit are more likely to lose control of their vehicle and cause a collision with innocent motorists nearby. Speeding drivers also require more distance to slow down, swerve, or stop their cars to avoid a crash. Even if the accident was unavoidable at legal speeds, a speeding vehicle can inflict far more severe damage than otherwise would have occurred.
In short, speeding puts other drivers, passengers, motorcycle riders, cyclists, and pedestrians at serious risk of suffering catastrophic or fatal injuries in an accident that could have been avoided.
If you have been injured in an accident caused by speeding, the Florence speeding accident attorneys at Jebaily Law Firm can help protect your rights and seek the fair compensation you deserve. With over 100 years of combined legal experience, the attorneys at Jebaily Law Firm have the resources, knowledge, and determination to pursue your personal injury lawsuit.
If someone else’s carelessness has hurt you, it’s crucial to have a dedicated, fierce advocate on your side. Call our offices or contact us online now for a free consultation.
Why Do I Need a Speeding Accident Lawyer?
Speeding and aggressive driving put people’s lives at risk. If you have been injured in a car accident caused by a speeding driver, an experienced attorney can handle your legal needs and protect your right to financial recovery.
Some of the ways a car accident attorney can help you develop your case and seek compensation for your injuries include:
- Taking the time to understand your needs and concerns so we can develop a legal strategy that supports your goals.
- Conducting a thorough investigation of the car accident to collect any relevant evidence that may help prove fault and the extent of your losses. Evidence may include the police accident report, medical records, testimony from witnesses, opinions from accident reconstruction specialists, photos from the accident scene, footage from surveillance videos, and more.
- Determining what financial resources, such as insurance coverage policies, are available and the extent of the compensation you may be owed.
- Filing your claim for compensation with the at-fault party’s insurance company.
- Negotiating aggressively and vigorously for a full and fair settlement.
- Protecting you from insurance adjustors’ attempts to diminish or deny your claim.
- Preparing your case for court if the insurance company fails to offer a reasonable settlement. We’ll fight aggressively and strategically for the verdict and judgment you deserve.
It’s essential to work with an attorney who has specific experience handling these types of cases. When you feel confident that your lawyer has the skills and resources needed to investigate the crash and build a compelling case on your behalf, you can focus on your recovery.
Common Injuries That Result From Speeding Accidents
Injuries from speeding accidents can be devastating. They can leave you with mounting medical expenses, a lengthy rehabilitation, and lost wages if you’re unable to work as you heal. Some injuries can have lifelong consequences.
Some of the most common types of physical injuries that occur in a car accident include:
- Traumatic brain injuries (TBI)
- Back and neck injuries
- Broken bones, strains, and sprains
- Deep lacerations
- Internal injuries
- Neck injuries
- Seat belt injuries, including chest bruising, broken ribs, and internal injuries
- Spinal cord damage (including partial or total paralysis)
What Compensation Might I Recover After a Speeding Accident?
The financial strain that can result from a serious car accident injury can be overwhelming. However, you have the right to seek compensation from the parties who are at fault for the accident. With the help of a skilled speeding accident attorney in Florence, you may recover financial compensation for:
- Medical costs, including current and future expenses
- Lost wages, if you were forced to miss work during your recovery
- Lost earning potential, if a long-term injury or disability impacts your ability to return to work
- Property damage, such as the replacement or repair of your vehicle
- Pain and suffering, including physical pain and emotional distress
- Diminished quality of life, such as from the inability to engage in activities you previously enjoyed
How Long Do I Have to File a Claim in South Carolina?
South Carolina has a statute of limitations on personal injury claims that restricts the amount of time you have to file a lawsuit after a car accident. Whether you are seeking compensation for property damage, personal injury, or wrongful death after a car crash, the law gives you three years to file suit.
If you are filing a personal injury lawsuit, the three-year timeline starts on the accident date or on the date your injuries were discovered or reasonably should have been discovered.
Under South Carolina law, when you’re filing a wrongful death lawsuit resulting from a car accident, you have three years from the date of the person’s death. This means that if a person dies three months after a car accident that caused their fatal injuries, you have three years from the date of their passing to file a wrongful death lawsuit.
What Happens If the Driver Doesn’t Get a Speeding Ticket?
Under the law, a speeding driver could be charged with a traffic violation, have a lawsuit filed against them in civil court, or both. These are two different sides of the legal system.
After an accident caused by speeding, the reckless driver may receive a speeding ticket due to their moving violation. In South Carolina, a speeding violation is considered a misdemeanor. The reckless driver must either pay a fine or fight the charge in criminal court. A defendant is guilty only when the prosecutor proves it beyond a reasonable doubt in a criminal case.
In a civil lawsuit, however, the burden of proof is much lower. You must show that the other driver is at fault based on a “preponderance of the evidence.” This means you must convince the court there is a greater than 50 percent chance that your claim is true.
If the at-fault driver received a speeding ticket, that will provide evidence in your case. Even if they didn’t receive a speeding ticket – or the ticket is thrown out – your legal team can still focus on collecting evidence to show that the other driver’s actions caused the car accident that injured you.
Talk to a Speeding Accident Lawyer Now
The Florence car accident lawyers of Jebaily Law Firm have been fighting for the victims of car accidents caused by speeding for more than 50 years. During that time, we have successfully secured millions of dollars on behalf of our clients through settlements and verdicts. We are committed to providing exceptional representation and pursuing the best possible results in every case we take on.
Your time to take legal action is limited, so don’t wait to get information about your legal options. Every case is unique. Your attorney from Jebaily Law Firm will take the time to understand the specifics of your situation and help you determine the best path forward. Contact us today for a free consultation.