Car accidents are unexpected, often traumatic events that can have lasting consequences. When you’re involved in a car crash that wasn’t your fault, knowing what steps to take can make all the difference in ensuring you receive the compensation you deserve.
At McDougall Law Firm in Beaufort, South Carolina, we understand the challenges victims face after a car accident, and we’re here to guide you through the process.
This blog will outline what to do after a car accident that’s not your fault, discuss the compensation you can recover, and highlight how a Beaufort car accident lawyer can assist with your case.
Contact us today for a free consultation.
What to Do After a Car Accident That’s Not Your Fault
If you’ve been involved in a car accident that wasn’t your fault, the moments following the crash are crucial. Taking the right actions can protect your rights and strengthen your case. Here’s what to do after a car accident that’s not your fault.
Call Police
Move to a safe location, away from traffic, if possible, and turn on your hazard lights.
Always report the accident to local law enforcement. A police officer will document the accident scene, interview the parties involved, and prepare an accident report. This report is a vital piece of evidence when filing an insurance claim or pursuing a personal injury lawsuit.
Gather Evidence at the Accident Scene
Collect as much evidence as possible at the accident scene. Take photographs of the vehicles involved, vehicle damage, skid marks, traffic control devices, and any visible injuries. Exchange insurance information with the other driver and gather contact information from any witnesses.
Seek Medical Attention
Even if you feel fine, it’s essential to seek medical attention as some injuries may not be immediately apparent. Prompt medical care is also crucial for documenting your car accident injuries.
Notify Your Insurance Company
Contact your own insurance company as soon as possible to report the accident. While you may be dealing primarily with the at-fault driver’s insurer, it’s important to keep your own insurer informed. Be cautious when speaking with insurance companies, and avoid admitting fault or providing detailed statements without consulting a car accident lawyer.
Seek Legal Counsel
Consult with a personal injury lawyer experienced in car accidents. A skilled car accident attorney can help you navigate the complexities of filing a claim, dealing with insurance companies, and pursuing compensation for your injuries and losses.
How Fault Is Determined After a Car Accident in South Carolina
Understanding how fault is determined in South Carolina is essential for anyone involved in a car accident. South Carolina operates under a fault-based system, meaning that the driver responsible for causing the accident is liable for the resulting damages. Here’s how fault is established.
Police Report
The police report is often the first piece of evidence used to determine fault. The report may include observations from the responding officer, witness statements, and any traffic citations issued.
Insurance Companies’ Investigations
After the accident, insurance companies will conduct their own investigations to determine fault. This may involve reviewing the police report, interviewing witnesses, and examining the damage to the vehicles.
Comparative Negligence
South Carolina follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you may be barred from recovering any compensation.
A personal injury lawyer can help establish fault by gathering evidence, working with experts, and negotiating with insurance companies. Your attorney will build a strong case to prove that the other driver was at fault and that you are entitled to compensation.
Compensation After a Car Accident in Beaufort, SC
If you’ve been injured in a car accident that wasn’t your fault, you may be entitled to various forms of compensation.
Medical Expenses
Compensation for medical expenses includes costs for emergency room visits, hospital stays, surgeries, rehabilitation, and any ongoing medical care related to the accident. It also covers accident-related medical bills for treatments such as physical therapy and prescription medications.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes income lost during your recovery period and, in some cases, future lost earning capacity if your injuries result in long-term disability.
Property Damage
Compensation for property damage covers the cost of repairing or replacing your vehicle and any personal property damaged in the accident. This can include vehicle repairs or the value of your car if it is deemed a total loss.
Pain and Suffering
Pain and suffering compensation addresses the physical pain and emotional distress caused by the accident and your injuries. This type of compensation is often more challenging to quantify, but it is a crucial component of your overall recovery.
Punitive Damages
In cases where the at-fault driver’s actions were particularly reckless or egregious, you may be awarded punitive damages. These are intended to punish the at-fault driver and deter similar behavior in the future.
How a Beaufort Car Accident Lawyer Can Help
Navigating the aftermath of a car accident can be overwhelming. Insurance companies may attempt to minimize your claim, and the legal process can be complex. That’s where a Beaufort car accident lawyer from McDougall Law Firm can make a significant difference.
Expert Legal Guidance
Our experienced car accident attorneys understand the intricacies of South Carolina’s car accident laws and can provide you with expert legal guidance tailored to your unique situation. We will help you understand your rights and options, ensuring that you make informed decisions throughout the process.
Comprehensive Case Evaluation
We offer a free consultation to evaluate your case and determine the best course of action. During this consultation, we will review the accident report, medical bills, insurance coverage, and other relevant factors to build a strong case on your behalf.
Negotiation with Insurance Companies
Dealing with insurance companies can be daunting, especially when they try to minimize your claim or shift blame. Our attorneys will handle all communications with insurance companies, including the fault driver’s insurance company, your own insurer, and any other insurance companies involved. We will negotiate aggressively to ensure you receive fair compensation for your injuries and losses.
Filing a Personal Injury Lawsuit
If negotiations with insurance companies do not result in a satisfactory settlement, we are prepared to take your case to court. Our attorneys have extensive experience litigating personal injury lawsuits and will fight tirelessly to secure the compensation you deserve.
Handling the Legal Process
From filing a claim to dealing with insurance adjusters, our attorneys will manage all the legal details, allowing you to focus on your recovery. We will gather evidence, work with experts, and ensure that all deadlines are met, giving you peace of mind during a challenging time.
Maximizing Your Compensation
Our goal is to maximize your compensation, whether through an insurance claim or a personal injury lawsuit. We will pursue all avenues of recovery, including compensation for medical expenses, lost wages, pain and suffering, and any other damages you may be entitled to.
Contact Us Today For a Free Consultation!
Being involved in a car accident that’s not your fault can be a traumatic and confusing experience. Don’t face this difficult time alone. A skilled car accident attorney in Beaufort, SC can help you get justice.
At McDougall Law Firm, our dedicated South Carolina car accident lawyers are here to help you every step of the way. From gathering evidence and negotiating with insurance companies to filing a personal injury lawsuit, we will fight for your rights and work to secure the compensation you deserve.
If you or a loved one has been involved in a car accident, contact us today at 843-438-4386 for a free consultation.
