car accident

What is a Driver’s Basic Duty of Care in South Carolina?

If you are injured in a car accident, it is important to know what the driver’s basic duty of care is in South Carolina. The driver has a duty to use reasonable care while driving and must avoid causing injury to others. If the driver fails to meet this duty, they may be held liable for any injuries that occur as a result. If you have been injured in a car accident, contact an experienced South Carolina car accident attorney to learn more about your rights.

How is the Driver’s Duty of Care Determined?

South Carolina drivers are required to take all precautions to drive in a safe manner. If the driver is in a foreseeable danger zone, they must use reasonable care to avoid harming others.

In order for a victim to recover damages from an accident, they must prove that the defendant breached their duty of care. If a driver is found to have breached their duty of care, they can be held liable for any damages that resulted from the accident.

When determining a driver’s duty of care, there are a few factors that are considered:

  • The driver’s speed
  • How well they were paying attention to the road
  • Whether they were following the rules of the road

If you have been injured in a car accident and are looking into filing a lawsuit against the negligent party, it is important to understand your legal options as well as how liability works.

What Are the Consequences for Violating This Duty of Care?

If the driver violates their duty of care, they may be held liable for any injuries that occur as a result. This can include monetary damages, such as medical expenses and lost wages, as well as pain and suffering. It is important to contact an attorney right away if you have been injured in a car accident, so they can help you understand your rights and options.

How Can Drivers Avoid Violating Their Duty of Care While Driving in South Carolina?

First and foremost, drivers should be aware of the laws that apply to them while driving in South Carolina. Secondly, drivers should always use caution when driving, especially in busy areas or around other vehicles. Finally, drivers should make sure they are well-rested before hitting the road. If you follow these tips, you can help avoid violating your duty of care while driving in South Carolina.

What Should You Do if You Are Involved in an Accident Caused By a Driver Who Violated Their Duty of Care?

There are many different things you can do if you are involved in an accident caused by a driver who violated their duty of care. A good first step is to make sure that the other party or parties experience no harm as a result of this injury. You should also take steps to ensure your own safety after the incident. It’s best not to leave the scene of an accident, even if it appears that there is no damage.

If you find yourself in a car accident, take these steps to ensure your life and rights are protected:

  • Check yourself and passengers for injuries
  • Call the police
  • Seek medical attention right away
  • Take pictures and record details about what happened
  • Document your expenses related to the incident
  • Do not sign anything or give any statements until you have talked with an attorney

Contact an Experienced Personal Injury Lawyer to Discuss Your Options

In addition to the steps listed above, it is important to contact an experienced personal injury lawyer as soon as possible. They will be able to help you understand your rights and begin the process of filing a claim.

If you have been injured in an accident caused by someone else’s negligence, don’t hesitate to reach out for help. An experienced personal injury lawyer can explain your rights and options to you. Contact us today for a free consultation.

Car Accident in parking lot

Parking Lot Injuries – How to Protect Yourself

While parking lots are often some of the slowest driving that we will do all day, it can also be some of the most potentially injurious driving as well. Parking lots are infamous locations for every type of minor fender bender, paint-swap, and hit-and-run imaginable. Every South Carolina personal injury attorney in the state has seen parking lot injuries. 

One of the main reasons that South Carolina parking lots become the site of so many accidents, is that there is always so much going on. There are tons of pedestrians, other vehicles going about their business, and multiple directions of travel factoring in. In addition to all of that, there are islands, landscaping, and carts that can all present a potential hazard. 

Causes of Parking Lot Accidents

Just as the cause of nearly every type of motor vehicle accident, the main cause of most parking lot accidents is negligence in one of its many forms. In some cases, the negligence is due to an act someone performed that they shouldn’t have, such as driving while intoxicated or speeding.

In other cases, it may be negligence by inaction, which means someone failed to do something they should have done. Popular examples of this type of negligence are distracted driving, failing to use a turn signal, and failing to reduce speed to avoid a collision. 

Reducing Parking Lot Accidents

There are steps that can be taken to reduce the number of accidents that occur in parking lots in South Carolina. Speed bumps, stop signs, and crosswalks can all help, but the main thing is that drivers need to pay attention to their surroundings. Distracted driving in parking lots can lead to damage to property and to injuries to other people.

Steps to Take After Getting Injured in a Parking Lot Accident

If you’re ever involved in an accident in a parking lot, it’s important to keep a clear mind so you can keep the details in order. The first thing you should do is contact emergency services and inform them of the accident. Next, you’ll want to take pictures and document the scene of the accident. Also be sure to get the contact information, driver’s license number, and insurance information from the other driver. Additionally, make sure to seek medical attention so that any injuries are well documented.

Compensation for Your Injuries

If you have been involved in an accident in a parking lot that resulted in you sustaining injuries, you may be able to collect monetary compensation for your injuries and damages. Generally, this is best accomplished by working with an experienced personal injury attorney. 

The damages that can be sustained include both economic and non-economic damages. Examples of economic injuries would be your vehicle repair cost, the cost of repairing or replacing personal property damaged in the accident, and your medical bills resulting from the physical injuries. Non-economic injuries could include anguish, pain, and suffering, as well as other potential psychological or emotional damages. 

If you are involved in a parking lot car crash contact our office today for a free consultation.

Male And Female Drivers Arguing Over Damage To Cars After Accident

Why Road Rage Causes So Many Car Accidents

Some people might think that road rage only includes extremely violent behavior when behind the wheel, like shooting at another car or ramming a car or pedestrian with one’s vehicle, but road rage can include many different types of aggressive driving. When a driver engages in dangerous conduct because of anger, impatience, or other uncontrolled emotion, the risk of a collision skyrockets.

A South Carolina personal injury attorney can help you try to hold the at-fault driver accountable if you got hurt because of road rage. If your close relative died because of a road rage incident, we might be able to pursue additional money damages for the legal beneficiaries. We can also answer your questions about why road rage causes so many accidents.

What Kind of Actions Can Be Examples of Road Rage? 

Driving can be stressful. We have all tapped the horn at someone who did not go forward within a reasonable amount of time after the light turned green or who clogged up traffic by going well under the speed limit in the “fast lane.” If those brief incidents do not escalate or involve extreme, out-of-control emotions, they are not examples of rod rage.

Here are some things that can be road rage:

  • Driving dangerously close behind a vehicle, as if to “bully” it into driving faster. When it is safe to do so, the better course of action is to change lanes and get past the slow car.
  •  Yelling or screaming curses and threats that people in other vehicles can hear.
  • Using your headlights on high beam when right behind another car.
  • Slamming on the brakes when someone tailgates you, also called brake-checking.
  • Cutting off by pulling in front of them sharply right after passing them.
  • Frequent lane changes without justification.
  • Any other unsafe driving maneuvers intended to express anger or intimidate another person.

There are many other actions that can constitute road rage.

Why is Road Rage So Dangerous?

An aggressive driver creates a heightened risk of harm to himself, people in other vehicles, and pedestrians for these reasons: 

  • The road-raging driver is out of control emotionally and making poor decisions. While focused on his anger, he is less likely to think clearly or notice facts that would otherwise indicate peril
  • Road rage often involves high speeds for the conditions. It is more challenging to control a speeding car than one that is traveling at an appropriate speed 
  • If the aggressive driving involves cars traveling at unsafe proximity to each other because of tailgating or brake-checking, the vehicles are at high risk of a collision because there is not enough time or distance to stop to prevent an accident
  • The extreme emotions that tend to accompany road rage can become “contagious,” with the driver who perceives himself as the victim of road rage might strike back and escalate the violence, by pulling a weapon or approaching and confronting the other driver at a stoplight

What started as mere inattention by one driver irritating another driver could quickly become a dangerous road rage incident. A South Carolina personal injury attorney can fight for you to go after all the compensation you deserve if you suffered harm because of road rage. If you’ve been affected by a road rage incident get in touch with our office for a free consultation.

baby car seat

South Carolina Car Seat Laws – Protecting Your Child During an Accident

Our state has enacted safety seat laws to protect children in South Carolina. This article will explain how South Carolina car seat laws do a good job of protecting your child during an accident. 

A South Carolina personal injury attorney can help you go after money damages from the at-fault driver if you or your child got hurt in a collision that was the result of someone else’s carelessness. 

What Are the Child Passenger Safety Seat and Seat Belt Laws in South Carolina?

According to the South Carolina Department of Public Safety (SCDPS), every child who is a passenger in a motor vehicle on public streets must at all times be secured by one of these safety devices:

  • Rear-facing car seat. If your child is younger than two years, he will have to ride secured in a rear-facing car seat in the back seat of the car. Only children whose height or weight exceeds the limit allowed by the car seat manufacturer of the rear-facing car seat can move up to a forward-facing car seat.
  • Forward-facing car seat. Children between the ages of two and four years and those who are larger than the height or weight limits for a rear-facing car seat must be secured in a forward-facing car seat. Like the rear-facing car seat, a forward-facing car seat must be in the back seat of the vehicle. To “graduate” to a booster seat, the child must be at least four years old and have outgrown their forward-facing car seat. 
  • Booster seat. After a child turns four years old and exceeds the height or weight limit of the manufacturer of a forward-facing car seat, he can ride in the back seat of the vehicle in a booster seat. The booster seat must be properly attached to the seat of the car and the child must be secured to the booster seat with both the lap belt and shoulder belt.
  • Seat belt. When a child turns eight years old or is at least 57 inches tall, the child can ride as a passenger in a motor vehicle while using an adult safety belt, but only if the adult safety belt actually secures the child properly. “Properly secured” means that the lap belt rides across the child’s thighs and hips, not the abdomen, and the shoulder belt goes across the middle of the child’s chest, not across his neck. Also, there are leg length requirements that can vary from one vehicle to another.

It is vital that all car seats and booster seats get fitted correctly to the vehicle to protect your child.

Do Safety Belts and Car Seats Really Save Lives?

Yes, our state’s Department of Public Safety has a Safety Seat Fact Sheet on its website that offers facts and statistics about these devices. Using this safety equipment correctly and consistently significantly reduces a person’s risk of moderate, critical, and fatal injuries in accidents. 

For example, when properly secured in a child safety seat in a passenger car, an infant’s risk of death goes down by 71 percent and a toddler’s risk of death goes down by 54 percent. Unfortunately, studies show that about 85 percent of people in South Carolina do not use child restraints properly if at all. 

A South Carolina personal injury attorney can talk to you and evaluate whether you might have a personal injury claim for an accident involving your child or yourself. Call our office today to set up a consultation.

car accident victim meeting attorney

Why Should I Hire an Attorney After a Car Accident?

Recent South Carolina Department of Public Safety statistics estimate one traffic collision occurs approximately every 3.7 minutes on South Carolina roadways. While many of these collisions are minor and can be settled between parties, many are injury accidents that demand restitution. 

South Carolina car accident attorneys advise all drivers and passengers involved in traffic collisions to see legal counsel immediately following a car crash.  

Why Should I Hire an Attorney After a Car Accident? Top 5 Reasons

You may be wondering, “Why should I hire an attorney after a car accident?” There are many reasons to hire an attorney following a car wreck; here are the top 5:

Damages and injuries 

Following a car accident, impact injuries may not be immediately felt or diagnosed, and damages to property may be overlooked. 

Attorneys experienced in car crash cases are familiar with common injuries resulting from car accidents and the potentially lasting impact of those injuries. Your attorney will fight for maximum compensation to help you heal and move forward with recovery. 

Insurance companies

Insurance adjusters work to minimize high-dollar payouts for car accident claims. Adjusters may encourage you to accept a fast, low-ball settlement because it is in their best interest to settle your claim as quickly as possible and for as little as possible. They may also take a counter-approach of prolonging the claims process to ultimately deny your claim and time-bar you from legal recourse. 

Experienced car accident attorneys know the bad-faith tactics used by insurance adjusters to settle, close, and deny claims. Car accident lawyers stand up against these tactics and ensure complete investigation prior to accepting any settlement offer.

Determining liability

Trying to figure out who is at fault for an accident can be difficult. Liability could rest solely with one negligent driver, or it could include several entities whose actions or negligence contributed to the accident. 

Car accident lawyers gather facts surrounding the accident, investigate the accident and parties involved, and assemble a comprehensive body of evidence to prove liability and support claims for compensation,

Negotiating Settlement

When insurance companies know skilled legal counsel represents you, they are more apt to present a fair and reasonable settlement offer.  Once you accept the settlement offer, you relinquish your rights to sue for more compensation.

Counsel from a skilled car accident attorney is critical. A knowledgeable attorney will be able to weigh any settlement offer against the merits of your case and advise you about your best options. 

Seeing You Through Trial

Filing a lawsuit is a process complicated by deadlines and regulations you likely aren’t prepared to navigate. The risks of missing filing dates or misunderstanding applicable rules can significantly impact, if not terminate, your right to compensation. 

Car accident attorneys will mindfully protect your right to file a lawsuit for damages by observing required filing deadlines, statutes of limitations, and governing rules and laws. Further, a skilled litigator will staunchly argue your case and fight to win against big insurance.  

Reach Out to a South Carolina Car Accident Attorney Today

If you or someone you love has been injured or killed in a car accident, you need legal help.  South Carolina car accident attorneys work to hold negligent, at-fault parties responsible for their actions while winning maximum compensation for car accident victims. 

Don’t lose valuable time questioning whether you need to hire an attorney after a car accident. Contact our office today for a comprehensive case review and a complete assessment of your right to compensation.  

car accident

What Should I Expect During a Car Accident Claim?

What you should expect during a car accident claim process will depend on whether you are trying to handle the process on your own as a DIY project or you have a lawyer on your side. Your experience will be vastly different, depending on which of these paths you choose. A South Carolina car accident attorney can negotiate directly with the insurance company’s claims adjuster on your behalf. 

When you work with a lawyer, you will talk to the attorney about what happened at the accident. Your lawyer will review the accident report from law enforcement as well as your medical records. Your employer’s documents will be evidence of the time you missed from work without pay. Your lawyer can try to reach a settlement with the at-fault driver’s automobile liability insurance carrier. If the case does not settle, your attorney can file a lawsuit with the court for money damages, when appropriate.

The insurer is not allowed to contact you when you have a lawyer, so you will not have to deal with annoying phone calls or emails from a high-pressure insurance company employee.

What to Expect During a Car Accident Claim

Here are a few of the things to look out for if you try to handle your injury claim on your own:

  • Teams of claims adjusters, investigators, and defense attorneys. Multi-billion-dollar insurance companies can outwork and outlast an individual who tries to take them on alone. These companies make their profits by paying injured people as little as possible. The claims adjuster might act friendly, but remember that his job is to get rid of your case cheaply.
  • Recorded statement. The adjuster might ask you to give a recorded statement, telling you that this is how you can tell your side of the story. In reality, these statements only help the insurance carrier, not you. The insurer can talk your words out of context and twist them into something you did not intend. You should not give a recorded statement without a lawyer advising you. Better yet, tell the adjuster to talk to your lawyer.
  • Low-ball offer. Unless you work in the industry, you have no way to know the monetary value of your car accident claim accurately. Two people in the same collision can have vastly different injuries, making them eligible for widely varying settlement amounts. People who settle with the insurer without a lawyer helping them often find out too late that they should have gotten much more money.
  • Statute of limitations. Every state limits how much time you have to file a lawsuit seeking compensation for personal injury, including car accidents. If you miss the deadline, you will lose the right to go after money damages, no matter how badly you were hurt. The claims adjuster knows the time limit and might drag out negotiations with you, hoping that the deadline will pass.

You do not have to go through this experience on your own. Contact our South Carolina personal injury attorneys today for a free consultation. Our South Carolina car accident attorneys can handle the car accident claim process so that you can focus on getting better.