In South Carolina, when you drive on the roads, you can control how you drive. You can wear your seat belt, follow traffic laws, pay attention, and attempt to anticipate any upcoming road hazards. However, sometimes no matter how careful you may be, you cannot control the actions of other drivers.
In this article, we will ensure you have a basic understanding of Fort Mill, 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 Fort Mill, South Carolina, then we welcome you to contact one of our car accident attorneys at Elrod Pope.
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Car Accident Statistics in South Carolina
Here are a few South Carolina statistics you may want to think about every time you get behind the wheel of your motor vehicle. According to the South Carolina Department of Public Safety:
- There is a fatal car accident once every nine hours
- One person 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.
- Speeding is responsible for 37% of all car accidents in South Carolina
What Are the Most Common Car Accident Injuries in South Carolina?
While new and updated safety features have helped reduce the number of fatalities in car accidents in South Carolina and across the United States, the problem is still here. According to an article in Trauma, some of 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 a Fort Mill, South Carolina Car Accident?
South Carolina personal injury lawyers collect evidence they can use to build your case, and prove the other driver was at fault. Some of the most common types of evidence that can be useful in courts 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 Is Negligence Proven in A Fort Mill, South Carolina Car Accident?
In order to establish liability in your car accident, you must prove that the actions of the other driver meet the criteria for legal negligence. The South Carolina car accident lawyers 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
- The driver breached that duty by either an intentional act, carelessness, or by failing to act
- Caused you to be injured or the death of a loved one by their breach of duty
- Caused you significant financial damages as a result of your injuries
South Carolina is a contributory negligence state. This means that even if you are found to be partially at fault for your Fort Mill 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 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 will be able to file for monetary compensation from the responsible party within 3 years of the date of your injury or in a case of wrongful death.
Why Do I Need a Fort Mill, South Carolina Attorney for a Car Accident?
While on the road 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 a 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 court and build a strong claim to assist you in negotiating a fair out-of-court settlement. We are experts at the necessary strategies to assist you with your car accident.
Get Your Free Case Evaluation
No upfront costs to you or your family. We strive to recover the maximum possible compensation allowed under the law for our clients.
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. Please 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.
