Mauldin Car Accident Lawyer

Car accidents are arguably one of the most common injury cases in South Carolina. While car accidents are common, the causational factors in each case are often unique. No two accidents are the same, and you need a lawyer who can provide an individually tailored legal strategy to get you the financial compensation you rightly deserve.

While accidents might stem from any number of factors, some common causes include distracted drivers, intoxication behind the wheel, and driving at dangerously high rates of speed. To support your accident claims, we need evidence establishing how the crash happened, your damages, and why the defendant is responsible. Damages may include economic and non-economic losses in addition to possible punitive damages. The exact amount of financial compensation at stake in your case should be discussed with your lawyer.

Call Rice, Murtha & Psoras at (803) 219-4906 and ask our Greenville, SC car accident attorneys for a free claim assessment to begin your case.

Common Causes of Vehicle Crashes in Mauldin

Auto accidents happen nearly every day, and most of us have probably been in an accident at some point. While accidents are common, the reasons behind them are extremely varied. No two car accidents are identical. Understanding how your accident occurred can help our car accident lawyers determine how to prove your claims, where to find evidence, and what damages you can claim.

Distractions

A leading cause of accidents nationwide is distractions behind the wheel. While drivers have always had to keep their eyes on the road, it seems harder and harder to do nowadays. Many drivers are distracted by cell phones, GPS devices, and other electronics. The problem is so pervasive that many states, including South Carolina, have passed laws making it an offense to be on your cell phone texting or calling while driving. If you believe the other driver in your accident was on their phone when it happened, tell your lawyer immediately.

Intoxication

Alcohol or intoxicating substances do not belong behind the wheel. If the other driver was intoxicated when the crash occurred, they may not only be held civilly liable for your injuries, but they might face a DUI and criminal charges, too. These kinds of accidents are sometimes quite severe, as intoxicated drivers often do not realize how fast they are going and lack the reflexes necessary to avoid a collision. Usually, the police intervene in these kinds of accidents and chemically test the drivers. If the other driver is shown to have had alcohol or other substances in their system, they may be held responsible for the accident.

Speeding

One of the most dangerous factors in many accidents is also one of the most common: speed. The faster a vehicle is going when it crashes, the worse the crash will be. A driver’s speed can be ascertained after an accident by examining the damage to the vehicle and even evidence like tire marks on the road. Even if speed is not the primary cause of the accident, it might be an important factor.

How to Support Your Auto Accident Claims in Mauldin

First, we should examine photos and videos from the car accident scene. Many drivers take pictures of accidents after they happen, often to send to insurance companies. Since accident scenes are cleared away quickly by law enforcement, evidence and details tend to disappear. Your pictures might have preserved important information we can use to build your case. Another possibility is that there is a video of the accident out there. Maybe there was a nearby security camera or a dashcam that recorded everything. Whatever the case may be, if we believe videos of the accident exist, we should try to find them.

Witnesses may also be an extremely valuable source of testimonial evidence. Think about how many other people other than yourself and the defendant might have been near the accident. Were there other drivers or pedestrians who stopped to help? Maybe there were passengers in the vehicles involved in the crash. These people might have valuable testimony they can provide in court. The more people who can back up your claims, the stronger your case may be.

In especially complicated cases, accident reconstruction experts can examine the evidence, including police reports, and render an opinion regarding how the accident happened. Expert opinions often hold much weight with jurors because they are based on specialized scientific knowledge and examination.

Damages Available in Mauldin Car Accident Cases

Your damages should reflect everything you lost and the pain you endured because of the defendant’s negligence. Evaluating damages is not a simple task, as some damages are more subjective than others. In rare cases, punitive damages might be awarded as a punishment for defendants, but this might only be available under special circumstances.

Compensatory Damages

Compensatory damages are awarded to make up for the things the plaintiff has lost. Ideally, compensatory damages awards should put the plaintiff back into the financial position they enjoyed before the car accident. Generally, compensatory damages involve economic losses and non-economic injuries.

Economic damages are measured in money. For example, your medical bills, vehicle repair costs, and the cost of replacing destroyed personal belongings inside your car fall under this category. Keeping track of all your spending after an accident is the best way to make sure your economic damages are fully accounted for.

Non-economic damages are usually not related to costs or money but are based on painful yet subjective ways the accident affected your life. Common non-economic damages include mental distress, psychological injuries, emotional turmoil, physical pain, embarrassment, and various factors that might reduce a person’s enjoyment or quality of life.

Punitive Damages

Punitive damages are only awarded in extreme cases where defendants’ behaviors are so shocking that the court imposes punitive damages to punish them and deter future bad actions. According to S.C. Code Ann § 15-32-520(D), punitive damages are only available in cases where a defendant acts willfully or their conduct is wanton or reckless. Punitive damages must be proven by “clear and convincing evidence,” which is a high bar to meet.

According to § 15-32-530(A), punitive damages are not without limits. Generally, such damages are capped at three times the value of compensatory damages. Alternatively, they may be capped at $500,000. Whichever cap is higher is the one that applies.

Contact Our Mauldin Car Accident Lawyers for Support Now

Call Rice, Murtha & Psoras at (803) 219-4906 and ask our car accident attorneys for a free claim assessment to begin your case.