When you are traveling the roads in South Carolina, you are able to control how you are driving. You can do such things as wear your seat belt, pay attention to your surroundings, obey traffic laws, and try to anticipate any road hazards. However, it seems that no matter how safe you are driving, you cannot control the actions of the other drivers sharing the road.
We will ensure you have a basic understanding of Indian Land, South Carolina car accidents so you understand your rights. As you will see, a car accident claim in South Carolina can be a complex legal matter.
If, after reading this article, you have additional questions as to whether you may have a claim after being in a car accident in Indian Land, South Carolina, then we welcome you to contact one of our car accident attorneys at Elrod Pope.
Car Accident Statistics in South Carolina
Here are a few South Carolina statistics you may want to be aware of. According to the South Carolina Department of Public Safety:
- There is a fatal car accident in South Carolina once every nine hours
- One person in South Carolina dies in a Driving Under the Influence accident every 30.1 hours
- A teenager is involved in an injury or fatal accident every 1.4 hours
- A child under 8 is seriously injured or killed in a traffic accident every 7.2 Hours
- More than 570 passengers involved in a fatal car accident in 2020 were not wearing their seatbelts
- There is an injury accident in South Carolina every 13.8 Minutes
- Two in five roads in South Carolina need repair
- One in five bridges in South Carolina have structural deficiencies or are considered obsolete
- Over 40% of South Carolina car accidents involve a drunk driver
- 37% of all car accidents in South Carolina are caused by speeders
What Are the Most Common Car Accident Injuries in South Carolina?
Many of the new and updates safety features in motor vehicles have contributed to reducing the number of fatalities caused by a car accident in South Carolina and across the United States. However, the problem still exists.
According to an article in Trauma magazine, the most common car accident injuries include, but aren’t limited to:
- Bone Fractures
- Spine Injuries
- Traumatic Head Injuries
- Pelvis and Rib Injuries
- Aortic Rupture
- Whiplash
- Spleen, liver, and Pulmonary Contusions
What Evidence May Help My Case if I’m Involved in an Indian Land, South Carolina Car Accident?
In South Carolina, personal injury lawyers are extremely adept at collecting evidence they can use to build your case, and prove the other driver was at fault. The most common types of evidence that can be useful in court include, but aren’t limited to:
- Cell Phone Records
- Expert Testimony
- Eyewitness Testimony
- Medical Bills
- Medical Records
- Photos and/or Video of the Scene of the Accident
- Photographs of Your Injuries
- Police Reports
- Repair Bills
How Do You Prove Negligence in an Indian Land, South Carolina Car Accident?
To establish liability in your Indian Land, South Carolina car accident, you and your attorney must be able to prove that the actions of the other driver meet the legal criteria for negligence. The South Carolina car accident attorneys at Elrod Pope will do this by showing the court that the at-fault driver:
- Had a duty to use caution and protect your safety within reason
- Breached that duty by either an intentional act, carelessness, or by failing to act
- The breach caused you to be injured or the death of a loved one
- The legal negligence caused you significant financial damages as a result of your injuries
Additionally, South Carolina is a contributory negligence state. This means that even if you are found to be partly responsible for your Indian Land car accident, you can still collect an award as along as your part of the blame is 50% or less.
The amount of damages you can collect in South Carolina, will be reduced by the percentage you were found to be at-fault. For example, if you were found to be 20% at fault, and your award was $100,000, you will receive 80%, or $80,000.
Once liability is proven, you have 3 years from the date of your injury or the wrongful death of a loved one to file a claim for monetary compensation from the person responsible.
Why Do I Need a Indian Land, South Carolina Attorney for a Car Accident?
While on the roads in South Carolina, you have a duty of care to drive in a safe manner. You must also obey all traffic laws and rules.
In South Carolina, the driver who caused your car accident must cover your damages with their liability car insurance policies. Insurance companies are for-profit businesses and may try to shift the blame onto you to minimize the amount of settlement they have to pay.
If you or a loved one was involved in an Indian Land, South Carolina car accident, and decide to file a personal injury claim, you will have the same burden of proof that establishes the defendant’s negligence in the accident.
The legal team at the South Carolina law firm of Elrod Pope have the skills and experience you need to properly assess all aspects of your car accident and fight for the true value of your injuries and other damages.
We can build your case in preparation for a South Carolina court, and build a strong claim to assist you in negotiating a fair out-of-court settlement. We are experienced in the necessary strategies to assist you with your car accident.
As you may have realized, car accident claims can be extremely complicated, and you will need an experienced, skilled, and knowledgeable attorney in your corner to ensure you receive all the monetary compensation you and your loved ones deserve. Contact the car accident attorneys at Elrod Pope today to find out how we can assist you in settling your case in a timely manner so you can focus on moving forward with your life.