Bennettsville Car Accident Attorney
After a car accident, you need to take several steps to protect your health and seek compensation for your injuries. It’s essential to be aware of South Carolina’s specific car accident laws. This will ensure you meet all requirements for filing an insurance claim or civil lawsuit. That’s why we are here to be your Bennettsville Car Accident Attorney.
You may also want to work with a Bennettsville car accident attorney to understand what to expect as we build your compensation claim. Although the outcome of your case depends on your accident’s circumstances, knowing what to expect can help you seek the best outcome.
There are Time Limits to Filing a South Carolina Car Accident Lawsuit
One key aspect to consider after your car accident are the specific time limits to filing legal action. According to S.C. Ann. § 15-3-530, you have three years from the accident date to file for compensation. For car accidents that led to someone’s death, the deadline to file legal action is three years from the person’s death date.
While there may be some exceptions, you will likely want to start the process well before the three-year deadline.
For a free legal consultation with a car accidents lawyer serving Bennettsville, call 803-222-2222
How do I Prove Fault in My Car Accident?
To prove fault in your accident, you must prove the following four elements with evidence:
- Duty of care: You must show the defendant owed you a duty to behave with care. All drivers have a duty to drive safely and reasonably.
- Breach of duty: You need to prove the defendant failed to meet the duty of care required while driving. If another person is driving negligently, recklessly, with willful or wanton disregard, they breach their duty.
- Proximate causation: You are required to show that the breach of duty caused your losses and not something else. You are requesting damages because of the breach of duty causing your injuries.
- Damages: You need to show you have injuries and other damages because of the crash.
Depending on the specific facts of your car accident, fault may be relatively straightforward to prove. However, in cases where there are more complex liability issues, it may take more effort to prove the other driver was at fault.
Bennettsville Car Accident Lawyer Near Me 803-222-2222
What Evidence Will I Need to Prove My Case?
To prove the other driver was at fault in your Bennettsville car accident, you will need to provide evidence to support that your claims are more than likely true. The evidence you will need depends on the specific facts of your case, but you may use:
- Photos and videos of the accident scene, vehicle damage, and your injuries
- Medical records detailing your injuries after the crash
- A police report or other written reports detailing information about the accident
- Medical bills indicating the accident’s tangible costs
- Testimony from an accident reconstructionist that relates to the crash’s exact cause
- Testimony from an occupational expert about how your injuries affect your ability to work in the future
- Records that may show negligent or reckless behavior, such as cell phone records that indicate distracted driving occurred before the accident happened.
Is South Carolina an At-Fault State?
South Carolina is an at-fault state. Unlike other states, South Carolina allows you to recover compensation from whoever is responsible for your accident.
In most cases, you will recover from the at-fault person’s insurance policy to cover your losses after an accident. However, additional aspects of South Carolina’s at-fault car accident laws may affect your ability to recover.
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South Carolina Uses a System of Modified Comparative Negligence in Car Accidents
While some states will not allow you to recover compensation if you are any amount responsible for the accident, South Carolina uses a system of modified comparative negligence to determine if you can still recover awards, even if you share liability for the crash.
According to S.C. Code § 15-38-15, you can still recover damages for your crash as long as you are not found to be more than 50 percent responsible for the accident. Each driver will be assigned a percentage of responsibility, and your compensation is then reduced by your apportioned share of fault.
Understanding How Modified Comparative Negligence May Affect Your Case
If you are found to be more than 50 percent responsible for the accident, you cannot recover compensation. This is according to South Carolina’s modified comparative negligence laws. Additionally, the other driver or their insurance provider may use these rules to reduce their liability and the amount of compensation they have to pay.
If you have injuries after a crash in Bennettsville, our car accident lawyers will help you work to refute inflated claims of comparative negligence to ensure you get the compensation you need to recover from your injuries.
Do I Have to Report a Car Accident in South Carolina?
Yes, according to S.C. Code § 56-5-1270, you must make a written report for accidents with specific circumstances. You must complete an accident report when the crash leads to:
- Bodily injury
- Property damage with an apparent value of $1,000 or more
The law requires you to complete form FR-309 Traffic Collision Report and submit it to the South Carolina Department of Motor Vehicles within 15 days of the accident. In addition, if a police officer responds to your accident, they must file the report for you within 24 hours of completing their investigation.
Additionally, S.C. Code § 56-5-1260 requires an immediate report in any accident resulting in injury or death by the quickest means possible. For car accidents in Bennettsville, you must report your accident to the Bennettsville Police Department.
The Accident Lawyers in Bennettsville at Anastopoulo Law Firm Can Help You with Your Case
You will need to make many considerations after a car accident in Bennettsville injures you. Our car accident attorneys will help you work through the process of filing your claim or lawsuit, building evidence, and negotiating with the other side.
Call us at (800) 313-2546 for a free consultation to discuss your case and learn more about how we may be able to help you.