Unfortunately, car accidents are part of everyday life, no matter how prepared a driver is. If someone injured you in a crash, our team can help you prove your claim.
Car accidents can be caused in numerous ways, which will impact how our team gathers evidence and investigates the incident. Some drivers collide with others because they violate a traffic law, like the speed limit. Many others are distracted by their phones when they crash into another vehicle. The most serious crashes, including those involving death, are commonly caused by drivers under the influence of alcohol or drugs. Our team can obtain evidence, like police reports, phone records, and criminal convictions, to prove that the other driver is responsible for your damages. If the driver was working at the time, we might be able to sue their employer, as well.
Get your free, confidential case review from our Columbia, SC car accident attorneys at Rice, Murtha & Psoras today by calling (803) 219-4906.
Common Ways Car Accidents Occur in St. Andrews, SC
St. Andrews sees its fair share of car accidents since it sits just outside the busy capital of South Carolina, Columbia. Some accidents happen on the streets of St. Andrews, while many others happen on the I-20/I-26 interchange and I-20, which runs right through the city. As such, you might be hit by a local negligent driver, a tourist, or a commercial driver coming to or from a delivery. Our car accident attorneys can get the evidence to prove how the crash occurred and why the other driver should be held liable. We can show their negligence by showing that they were cited for the crash or that phone records indicate they sent a text at that moment. We can also help argue for additional damages if a drunk driver injures you.
Traffic Violations
Traffic violations are one of the most common reasons for car accidents. Many drivers speed in flagrant violation of the posted speed limits, especially on I-20. Others do not use turn signals to indicate their intention to turn or move into your lane. Some completely ignore stop signs and traffic lights as if they were the only ones on the road. If another driver’s traffic violation caused your accident, it is important to report it to the police immediately so they can be cited for the offense. Violation of a law can be used as evidence of their negligence in your legal claim.
Distracted Driving
Distracted driving is a growing, if not leading, cause of car accidents these days. Some drivers like to talk on their phones without using speakers or a wireless connection. Many others still text while they drive or even read a book on their phone behind the wheel. A tourist might hit you because they were distracted by their GPS device while getting directions. Our team can obtain the other driver’s cell records to determine if they were on their device when the accident happened. Even if they claim they were not, this evidence can be used to discredit their testimony.
Driving Under the Influence of Alcohol or Drugs
Drivers under the influence of alcohol or drugs have the potential to cause some of the most devastating vehicle accidents. Although virtually every driver knows the danger of DUI, it still does not stop some from getting behind the wheel while intoxicated. In many cases, this involves alcohol, but driving under the influence of marijuana has become an increasing problem.
In either case, a driver under the influence can be held liable for an accident in a civil lawsuit, regardless of whether they were charged criminally for the act. If they were convicted or plead guilty to DUI for the accident you were injured in, our team could likely use it in your civil case to help prove negligence.
Under S.C. Code Ann. § 15-32-520(D), it can also be used as clear and convincing evidence that the driver acted recklessly, wantonly, or willfully, allowing you to recover punitive damages. These damages are intended to punish people for conduct that goes beyond mere negligence, such as drunk driving. While punitive damages are generally capped so defendants are not unfairly punished, no cap will be applied if we show they were acting under the influence, plead guilty, or were convicted of a felony for the crash, according to § 15-32-530(C).
Who to Sue After a Car Accident in St. Andrews, SC
While knowing who to sue after a car accident might seem obvious at first, other factors can make determining that question more challenging. In a car accident involving you and only one other driver, the answer might seem obvious. Accidents like this tend to be easier to investigate since we only have to prove one driver was negligent. However, we might need to find alternative methods of compensation if the other driver fled the scene after a hit-and-run, such as filing a claim with your uninsured and underinsured motorists insurance.
Car accident cases get more challenging when multiple vehicles are involved. Knowing which defendant driver owes you what compensation in these cases can be confusing because of the state’s “joint and several liability” rules. If one of the drivers is found to be more than 50% at fault for an accident, they can be held liable for all the victim’s damages, regardless of the other drivers’ degree of fault, according to § 15-38-15(A). A defendant who is less than 50% at fault will only be liable for the corresponding percentage of the plaintiff’s damages. However, you will recover no compensation if you are found more than 50% liable for the accident.
You might also be able to sue more parties if a commercial driver caused your injuries. Most employers are vicariously liable for their employees, so a driver who hits you in the course of their normal work can be sued along with their employer.
Call Our St. Andrews, SC Car Accident Attorneys Today for Help Getting the Compensation You Need for Your Recovery
Call Rice, Murtha & Psoras at (803) 219-4906 and ask our car accident lawyers for your free case review today.