A car accident that changes your life is shocking and confusing. However, a dangerous driver who causes a traumatic crash is not likely to admit fault. As an accident victim, you may know who is responsible, but your memories of the crash are not enough for a civil case. Determining fault and evidence that proves negligence are necessary and required by state civil laws.
A South Carolina car accident lawyer understands these laws and how to apply them to your case. To get started, a lawyer will review your information to determine who is at fault and, therefore, liable for your damages.
When it comes to determining the fault for your car accident, no piece of evidence is too small or unimportant. Something that seems inconsequential to you may serve as valuable information or evidence for your case.
One of the most vital pieces of information for your car accident case is an official police report. This critical document generally contains such information as:
Police reports provide a summary of what happened and how it happened. Cooperating with responding law enforcement at the accident scene is vital for future civil cases. Your statement to a police officer can help them determine fault so they include it in their final crash assessment. Additional evidence that may help determine fault is cell phone or dashcam video of the crash.
The steps immediately following a car accident play a significant role in determining fault. In cases involving criminal charges, like drunk driving, the driver may face arrest, and this could weigh in your favor in the allocation of fault. Nevertheless, South Carolina civil law allows car accident victims to pursue justice for their damages regardless of criminal charges for the responsible driver. If you suffered severe harm due to the actions of another driver, consider contacting an attorney today.
A traumatic crash can occur anywhere from busy city streets to rural country roads. A collision takes seconds to occur, leaving victims with physical, emotional, psychological, and financial damages.
Many drivers forget that a driver’s license is a privilege, not a right. They abuse that right by disregarding traffic laws and by engaging in reckless driving behavior, resulting in:
These are just a few examples of how one driver can instantly change another driver’s life. In addition to drunk driving, drivers cause accidents by:
Signs of fault are often all around an accident scene. However, severe injuries and even a lack of consciousness make it impossible for some victims to see or gather evidence. If possible, ask witnesses for their contact information. Provide police with as much information as possible, and, most importantly, accept medical transport to a hospital. Documentation of injuries is essential for a personal injury case. Once victims establish a medical record relating to their damages, they are better prepared for a legal fight for compensation.
Some crashes are confusing even to seasoned investigators. It is not uncommon for a determination of fault to take more than a day and for an investigation to be required.
The South Carolina statute of limitations establishes a timeline for pursuing a civil lawsuit. The timeline aims to move cases along through the legal system. Without the limitations, too much delay can result in lost evidence and faded witness memories.
Accident victims have three years to pursue a civil lawsuit in South Carolina. Thirty-six months may seem like a long time, yet it can pass quickly. If the statute of limitations expires without a lawsuit being filed, there are generally no further legal options for pursuing compensation.
Severe injuries from a car accident caused by negligence disrupt life as you know it. The following are a few examples of common injuries resulting from a traumatic car accident:
The emotional and psychological effects of these injuries impact not only the patient but their family as well. It is an uncertain time for everyone, making it imperative to remain patient and to wait for an official determination of fault.
The good news is that you do not have to fight insurance companies alone. A South Carolina car accident attorney may be able to help you with your claim or lawsuit. Choosing the right attorney for your South Carolina car accident case matters. A free consultation is a smart way to begin your journey toward possible justice. An experienced attorney can manage your case through insurance negotiations and, when necessary, in court.
With or without solid evidence, determining fault is a critical first step in pursuing compensation. At Whalen Montalvo Attorneys at Law, we identify all parties liable for our client’s harm. Determining fault in a car accident requires closely examining evidence and facts. An especially complex case may involve multiple liable parties, such as a brake manufacturer and a reckless driver.
It is the plaintiff’s responsibility to prove negligence. Attorneys James Whalen and Eric Montalvo have experience relating evidence to negligence in car accident cases. They understand insurance companies and have trial skills should your case go to court. They each bring a wealth of skills to personal injury claims and have compassion for every client they serve.
If you suffered damages in a South Carolina car accident you believe was caused by negligence, contact us. Make scheduling your free consultation with us a priority. Whalen Montalvo Attorneys at Law can be reached by calling (864) 770-7710. The sooner we review your case, the faster we can get to work for you.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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