Car accidents are unpredictable and often happen when we least expect them. After being injured in a car accident, it’s easy to feel frustrated and confused about what to do next, especially amidst the pain and trauma of the crash. You then have to figure out how to get compensation from the liable driver. This is where a car accident lawyer comes in.
A Walterboro car accident lawyer can help you navigate the aftermath of an auto accident. While the immediate concern should be your physical injury and making a full recovery, you could be facing significant medical bills and a lengthy recovery that keeps you from your daily activities and responsibilities.
At McDougall Law, our Walterboro personal injury lawyers will work to ensure you get the full compensation you’re entitled to. We will hold your hand throughout the entire process, and see to it that you get justice. Contact our team at 843-438-4386 to schedule your free case review.
Why Hire a South Carolina Car Accident Attorney?
Our car accident lawyers offer aggressive representation and compassionate consideration to each client. We know how hard it can be to go through a car accident and making a full recovery often comes with significant financial hurdles. We give every case personalized attention to ensure that we deliver favorable results.
Here are some of the reasons why you should consider working with a Walterboro car accident lawyer to handle your claim:
Legal expertise: An experienced auto accident attorney is knowledgeable in the laws that apply to cars as well as resolving insurance claims. As such, they will be invaluable when navigating the complex SC legal system and ensuring your rights are protected all through.
Due diligence: When you hire a lawyer, one of the first things they’ll do is to conduct a thorough, independent investigation of the accident. They will collect evidence to support your case, which may include taking witness statements, analyzing medical records, and obtaining accident reports.
Negotiations: An experienced Walterboro car accident lawyer is also a skilled negotiator who can negotiate with the defendant’s insurance companies to get a fair settlement offer on your behalf.
Trial representation: Sometimes, the negotiations fail and you end up having to file a personal injury lawsuit. Car accident lawyers can represent you in court, present evidence, and convince the judge or jury of your innocence, to obtain the maximum compensation available.
Peace of mind: With a lawyer working on your behalf, you can focus on what matters most – making a full recovery.
Common Cause of Car Accidents
Driver error is one of the main causes of car accidents, accounting for the vast majority of crashes. The following are some of the most common causes of car crashes we encounter:
Distracted driving: This is one of the leading causes of car accidents. The human brain is often unable to focus on more than one task at a time. So, when a driver is texting, reading, or eating while driving, they are unable to consistently focus on the road, which could lead to a crash.
Drunk driving: Drunk drivers have poor judgment, poor concentration, difficulty seeing the road, and slow reaction times. Statistics show that drunk driving is a common cause of car accidents.
Driving under the influence: Alcohol isn’t the only intoxicant that impairs the driver’s ability to focus on the road. Drugs such as cocaine, marijuana, LSD, and other drugs can significantly impair a driver’s judgment and reaction speed.
Speeding: Speeding can cause the driver to easily lose control of the car, especially when other factors are in play, such as a slippery or congested road.
Reckless driving: Some forms of reckless driving can lead to serious crashes. These include unnecessarily slamming on the brakes, switching lanes too quickly, or trying to pass another vehicle where the driver is not expecting it.
Running stop signs and red lights: Many serious crashes occur at intersections where a stop sign or red lights are put up to control traffic.
Tailgating: Driving too close to the vehicle in front can be dangerous, as it could easily cause an accident if the other vehicle stops suddenly to avoid a road hazard.
Aggressive driving: When a driver drives with no regard for the safety of other road users, such as engaging in road rage, speeding around them unexpectedly, or cutting them off, it can easily lead to an accident.
Driver fatigue: Drowsiness and exhaustion can impair a driver’s ability to concentrate and promptly react to road hazards, making them susceptible to causing an accident.
It’s important to understand these common causes of car accidents to minimize the chance of being involved in a car wreck. However, even doing your best to be safe on the road is not a guarantee that you’ll never be in a car accident, due to the presence of irresponsible drivers on the road.
If you or a loved one was involved in a car crash due to the recklessness of such a driver, we can help.
- Medical Expenses – This includes hospital bills, ambulance fees, prescriptions, physical therapy, and any past or future medical treatment related to your accident injuries.Â
- Lost Income – Total lost income from your injury, including any PTO or time-off benefits used—calculate this as if it were unpaid. Also include estimated future income lost due to being unable to work during recovery or ongoing treatment.
- Property Damage – Cost of automotive damage in vehicle accidents. You’ll leave this as “0” (zero) for most other types of injury claims.
**The calculation here is for instructional purposes only, this calculator does not guarantee these results. Consult an attorney for a financial and legal analysis of your case.
Determining who is at fault for your Car Accident
Ultimately, evidence helps determine who is at fault for the car accident. Some of the evidence used to determine fault in a car accident include the following:
Police report: A police report is one of the primary sources of information for the accident. The officers who come to the scene will file a police report with information about who they believe is at fault.
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An official police report is one of the most important pieces of documentation for a strong claim. We’ll obtain and pay for your police report, so you can focus on healing, not paperwork!
Applicable laws and regulations: Local and state laws will also be used to determine which party is at fault. In case any of the drivers is found to have violated a traffic law, this can be used as evidence of their fault in the crash.
Black box data: Most modern cars come equipped with dash cams and data recorders that indicate the speed, time, and force of impact in collisions. This can be helpful evidence to establish exactly what happened.
Expert testimonies: Testimonies from domain experts such as accident reconstruction specialists could give valuable insight into the factors that contributed to the crash.
Other types of evidence could also be used to prove fault in a car crash. When you work with a lawyer, they will conduct their independent investigation on your behalf. Depending on the case, they may consult with field experts to build a strong case.
Once fault is determined, you have to prove negligence to be eligible for compensation. This typically involves proving four elements:
Duty of care: You must demonstrate that the other driver had a duty to drive safely. The law requires all licensed drivers to drive as safely as possible and follow all traffic laws.
Breach of duty: You then need to show that the defendant breached their duty of care. This can be through a traffic law violation or putting others at risk of harm.
Causation: The breach of duty must be directly linked to the cause of the accident. Your South Carolina personal injury lawyer can show this by presenting evidence.
Damages: You must have suffered considerable losses in the crash. This could be medical bills, property damage, and even the pain and suffering you went through.
How the McDougall Law Firm Can Help You?
Collecting Important Evidence
You will need strong evidence to demonstrate who is liable for the accident and how the accident affected you physically, mentally, and financially. This typically entails presenting lots of documents, including medical records and police reports.
Settlement Negotiations
Negotiating with the defendant’s lawyers and insurance companies can be a challenging task to handle on your own. Fortunately, the car accident lawyers at the McDougall Law Firm have decades of combined experience with settlement negotiations. We will work to prove the case through your side of the story and make it clear why you deserve full compensation.
Trial Representation
For most personal injury cases, we always try not to file a lawsuit initially in the hopes that our involvement will provoke the insurance company or the defendant to act accordingly and make a fair settlement offer. But these negotiations don’t always go to plan, and if they fail to make a fair offer, we aren’t afraid to file a suit.
If your case goes to trial, our team will handle the entire process for you, represent you before the judge and jury, and work to convince them why you deserve the full compensation amount. We always try to move the case as efficiently and quickly as possible.
Talk to a South Carolina Car Accident Lawyer
Knowing that you have professional representation by your side can give you the comfort, confidence, and peace of mind to focus on making a full recovery. So, if you or a loved one was injured in a car accident that was not your fault, you have the right to get an attorney who can stand by you and deliver results.
At McDougall Law, we have a deep understanding of South Carolina law. You can reach out to us anytime to discuss your case and understand your legal options. Call us at 843-438-4386 or submit the form below to schedule a free case review.
