Car accidents are common. There is an accident happening somewhere practically every day. While vehicle crashes are frequent, each one should be treated seriously, and negligent drivers must be brought to justice. If you were hurt in a collision, our team can help you file a legal claim to hold the other driver responsible and get you fair financial compensation.
Fault for car accidents can be tricky to determine. We need to know how and where the crash happened, and we should have evidence to back up your claims. In some cases, plaintiffs must be prepared to rebut claims that they somehow caused or contributed to the accident, which might require even more evidence. We must have evidence to prove your claims so that you can get compensation for your damages. This may include economic and non-economic damages, which should be reviewed with your lawyer.
Get a free, private case evaluation from our car accident attorneys by calling Rice Law at (803) 219-4906.
Determining Fault for a Conway Car Accident
The name of the game in auto accident cases is fault. Who is at fault? How did they cause the accident? This might be obvious in some cases, but the answer is harder to decipher in others. While we try to prove how another driver caused the accident, the other driver might be trying to argue the same thing about you. As such, our car accident lawyers should be prepared to help you rebut comparative negligence claims.
How the Auto Accident Happened
Knowing how the accident occurred is the first step to getting your case off the ground. Knowing how the crash happened may lead us to the identity of the responsible person and evidence to prove your claims.
One possibility is that your accident happened because the other driver was not paying attention. Distracted drivers are extremely common nowadays, and they often cause crashes. Maybe the other driver was texting or making a call on their cell phone. Maybe they were adjusting their GPS device or the radio. It only takes a moment of lost focus for a bad accident to happen.
Another possibility is that the other driver committed a traffic violation. Traffic code violations are also common, and they do not always lead to accidents. However, when accidents happen, they can be severe. Common violations include speeding, running red lights or stop signs, failing to signal turns, and reckless driving. If the other driver was issued a traffic citation in relation to the accident, we might be able to use the citation as evidence.
Evidence
The evidence we need depends on how the defendant caused the accident. For example, if the defendant crashed into you because they were speeding, we need proof of how fast they were going. While accurate speed ratings from radar devices might be extremely helpful, they are not always available. However, other evidence might still be helpful. Witness testimony about how fast the other driver was going may be admissible in court. Even your own testimony about how you saw the other driver traveling at a very high rate of speed can help your case.
Common evidence in car accident cases includes photographs from crash scenes. It is commonplace for drivers to exit their vehicles, exchange information, and photograph their vehicles so they have proof of the crash to send to insurance companies. Your photos may also be used as evidence in a case against the other driver. Since car accident scenes are often cleaned up quickly by the police, important details are often lost. As such, your photos might be all that remains of the scene, and important details might be preserved in your pictures.
Comparative Negligence
Sometimes, defendants try to evade liability by turning the tables on the plaintiff. It is not uncommon for defendants to argue that the plaintiff somehow contributed to the accident, thereby causing their own injuries. If the court believes these claims have merit, we must be prepared to prove otherwise.
Comparative negligence rules are found under S.C. Code Ann. § 15-38-15(A), and these rules apply when a defendant argues that a plaintiff was also negligent. According to these rules, if the court determines that a plaintiff is partially responsible, their damages may be reduced in proportion to their share of fault. If you are deemed 20% responsible, your overall damages award may be diminished by 20%.
If the court determines that a plaintiff is 50% or more responsible for the accident, the plaintiff may be barred from recovering any damages.
Damages in a Car Accident Case in Conway
Your damages reflect your injuries, losses, and painful experiences from a car accident. Damages vary from case to case, and you should speak to an attorney to determine the extent of damages in your case.
Economic Damages
Economic damages are based on how much money you lose because of a vehicle crash. First, we should consider the loss of your car. Even minor damages can lead to big repair bills. If your car was totaled, a new vehicle might be extremely expensive and should be included in your damages calculations. We must also consider your injuries and medical needs. Medical treatment is known for being expensive, and injuries from car accidents are known to require extensive treatment. Your hospital bills might be quite large and must be included in our calculations.
Non-Economic Damages
Non-economic injuries and losses can be harder to evaluate because they are subjective and unique to each plaintiff. Many times, they are unrelated to money or costs. Instead, they are measured by their impact on the plaintiff’s life. For example, psychological trauma, emotional distress, humiliation, physical pain, and other painful experiences should be included. Since these damages are unrelated to financial costs, juries may determine their value based on the toll they take on the plaintiff. The more impact the crash has on your overall life, the greater your non-economic damages should be.
Speak to Our Conway Car Accident Attorneys for Legal Help
Get a free, private case evaluation from our car accident attorneys by calling Rice Law at (803) 219-4906.