Considering how often vehicle crashes and collisions happen, it should come as no surprise that car accident cases are very common civil claims. While insurance can be helpful, it is not always available or ideal. A lawyer can help you take legal action against a negligent driver to get you fair compensation for your injuries.
Determining how your accident occurred is our first step toward obtaining fair compensation. While the cause of some accidents is obvious from the start, others require more investigation. Intoxicated drivers, distractions on the road, and high rates of speed are just a few common causes we should consider. Proving your claims requires evidence of the defendant’s negligence. How we achieve this largely depends on the unique facts and circumstances of your accident, and evidence can vary significantly from case to case. If you believe that a lawsuit or other legal action is right for your case, talk to an attorney soon. You only have about 2 years to file your claims before you are barred from doing so.
Receive a confidential review of your case for no charge from our car accident lawyers by calling Rice, Murtha & Psoras at (803) 219-4906.
How a Car Accident Might Occur in Simpsonville, SC
Auto accidents occur in more ways than can be listed here. However, certain causes are a bit more common than others and more likely to come up in your case. Whether or not your specific accident is described here, you should contact an attorney for help. Your injuries and the evidence needed to prove your claims may depend significantly on how your accident occurred in the first place.
Intoxication
Unfortunately, intoxication is a rather common problem on the road today. Only a few drinks might be enough to dull a driver’s reflexes and impair their judgment, making an accident much more likely. In cases where a driver is severely intoxicated, they might crash right into another car or person without even trying to stop. Damages and injuries in such cases are often severe, and some people do not survive the accident. A major component of this kind of accident case is proof of intoxication. Driving under the influence of drugs or alcohol is illegal, and the police will likely arrest the other driver and conduct chemical testing to determine just how intoxicated they were.
Distractions
Another typical cause of auto accidents is distractions. Now more than ever drivers are having a hard time keeping their focus on the road. In years past, drivers struggled to put down their phones while behind the wheel. Now, many vehicles are designed to sync with phones and other devices, making it even harder to avoid distractions. If you believe the driver who caused your accident was on their phone, our car accident lawyers might use cell phone records to prove it. Alternatively, they might have been distracted by something else, like a GPS device or even a passenger in their car.
Speeding
Perhaps one of the most frequently raised factors in car accident cases is speed. Most of us are probably guilty of driving over the speed limit at one point or another, but speeding can be extremely dangerous, even if you only go a little over the limit. Drivers speeding on wet roads are more likely to hydroplane and possibly crash into other vehicles. Speed might cause a driver to lose control of their car. If a speeding driver is distracted, it may be harder for them to hit the brakes in time to avoid a collision.
How to Prove Your Claims in a Simpsonville, SC Car Accident Case
Many car accident cases are based on driver negligence. Negligence is more than mere carelessness on the road. It is a legal concept made up of four legal elements: duty, breach, causation, and damages. Each element must be sufficiently proven in order for your case to succeed.
The element of duty refers to the legal obligation of the defendant. A defendant must owe some legal duty of care to the plaintiff in order to be held liable. In car accident claims, this legal obligation is the duty to drive with reasonable safety under whatever the current circumstances are while obeying the traffic code.
The breach is whatever the defendant did or omitted that constitutes a violation of their duty of care. For example, if you were injured because the defendant was driving while drunk, their intoxication is a breach of their legal duty.
The causation element is the connection between the defendant’s breach and the accident. Put simply, the breach must be the proximate and direct cause of the accident. If some other factor actually caused the crash, the defendant might not be held liable.
Finally, we need to prove that your damages are real. Hypothetical damages or damages that cannot be proven may not be claimed. If you did not experience any damages or injuries as a result of the accident, you might not have much of a claim.
How Long You Can Wait Before Filing a Car Accident Case in Simpsonville, SC
Do not wait too long after your accident before speaking to a lawyer. The statute of limitations for personal injury claims, under S.C. Code Ann. § 15-3-530(5), allows plaintiffs only 3 years to file their claims in court. Your time starts when the accident occurs, so the clock is already ticking. Many people are unsure about legal action at first and take time to think things over before contacting a lawyer. While this is not unreasonable, taking too much time limits your attorney when they begin preparing your case.
If time is running out, ask your lawyer if tolling is possible in your case. Under very specific conditions, plaintiffs may have the limitation period tolled, which means the clock is paused, effectively pushing back your deadline to file your case. According to § 15-3-40, you may be able to have the limitations period tolled if you were under 18 when the crash happened, or you were under a mental condition that hindered you from understanding your rights or ability to take legal action. Typically, the statute of limitations may be tolled until you turn 18 or until the mental condition is removed.
Call Our Simpsonville, SC Car Accident Attorneys for Help Today
Receive a confidential review of your case for no charge from our car accident lawyers by calling Rice, Murtha & Psoras at (803) 219-4906.