Can I Sue if I Was in a Car Accident in Rock Hill, South Carolina?
The short answer is “yes.” You can sue if you were in a car accident, provided you can prove the other driver was at fault and that you suffered damages.
In Rock Hill, car accident cases are governed by South Carolina’s fault-based system. This means that the driver who is found to be at fault for the accident is responsible for the damages. If you believe the other driver was at fault, you may have grounds to file a lawsuit.
What if the other driver claims I was at fault too?
Even if the other driver argues that you were partially at fault, South Carolina’s legal system allows you to still pursue compensation under the modified comparative negligence rule. However, if you are found to be more than 50% at fault, you will be unable to recover damages.
Key Points to Establish in a Rock Hill Car Accident Lawsuit
To successfully sue for a car accident in South Carolina, you need to establish four key elements: Duty of Care, Breach of Duty, Causation, and Damages. Each of these points plays a critical role in proving that the other driver was at fault and that you are entitled to compensation.
- Duty of Care:
The other driver owed you a duty of care. This means they have a legal obligation to operate their vehicle in a safe and reasonable manner to avoid causing harm to others. In most cases, this is straightforward because all drivers are responsible for following traffic laws and driving safely.
What if the other driver claims they weren’t obligated to avoid the accident?
All drivers have a legal duty to avoid collisions whenever possible. Even in complex situations, such as multi-car accidents or bad weather conditions, drivers are still expected to operate their vehicles safely and take necessary precautions. An experienced attorney can help clarify how the other driver may have failed in their duty of care.
- Breach of Duty:
The other driver breached this duty by acting negligently. Negligence can involve many behaviors, such as speeding, texting while driving, running a red light, failing to yield, or driving under the influence of alcohol or drugs.
How can I prove the other driver was negligent?
To prove negligence, your attorney may collect evidence such as police reports, eyewitness testimony, surveillance footage, and accident scene reconstructions. In some cases, data from the vehicles’ “black boxes” (event data recorders) or cellphone records can show whether the driver was speeding or distracted at the time of the accident.
- Causation:
You must show that the breach of duty directly caused the accident and your injuries. This means demonstrating that the other driver’s negligence was the primary factor leading to the crash, and as a result, you suffered harm.
What if both drivers were partially at fault?
South Carolina follows a modified comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover damages as long as your fault does not exceed 50%. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% responsible, your award will be reduced by 20%.
- Damages:
Finally, you must show that you suffered actual damages because of the accident. This can include medical bills, lost wages, property damage, pain and suffering, and emotional distress.
What types of damages can I recover in a car accident lawsuit?
You can typically recover two types of damages:
- Economic Damages: These include measurable costs such as medical expenses (both current and future), lost income, and vehicle repair or replacement costs.
- Non-Economic Damages: These are less tangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life.
What if the other driver lies about how the accident happened?
If the other driver disputes fault or provides a different version of events, your attorney can use evidence such as physical damage, skid marks, accident scene photographs, and expert testimony to establish what really occurred. Additionally, witness accounts or surveillance footage can be crucial in discrediting false claims.
Modified Comparative Negligence in Rock Hill, South Carolina
South Carolina follows a ‘modified comparative negligence’ rule. This means you can still recover compensation in a car accident lawsuit, but your award will be reduced according to your share of negligence, as long as that share was not greater than 50%.
For example, suppose the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, they also find you were 10% responsible for the crash. In that situation, your total damages of $100,000 would be reduced by 10%, or $10,000, leaving you with an award of $90,000.
Keep in mind that if your level of fault exceeds 50%, you’ll be barred from recovering any compensation under South Carolina law.
The modified comparative negligence rule binds South Carolina judges and juries if your car accident case makes it to court, and it will also guide a car insurance claims adjuster when evaluating your case.
What is the difference between comparative negligence and contributory negligence?
Comparative negligence allows you to recover damages even if you were partially at fault, as long as your fault is 50% or less. In contrast, contributory negligence (used in a few states) bars you from recovering any damages if you are found to be even 1% at fault. South Carolina uses the modified comparative negligence standard, which is more favorable to plaintiffs, allowing them to recover compensation even if they share some of the blame.
What happens if the other driver is more than 50% at fault?
If the other driver is found to be more than 50% responsible for the accident, they are fully liable for your damages. You would be eligible to recover the full amount of compensation for your losses, minus any percentage of fault that is attributed to you.
Statute of Limitations
In South Carolina, you generally have three years from the date of the accident to file a lawsuit, according to the statute of limitations. However, it’s crucial to act quickly and consult with an attorney as soon as possible to ensure all necessary steps are taken. Understanding these timelines and legal intricacies can be daunting, which is why having experienced legal representation is essential.
Understanding Your Legal Options After a Car Accident
After a car accident, it’s essential to understand your legal rights and options for pursuing compensation. The great thing about Auger & Auger is that we offer a free consultation where we will hear your story and explain your legal rights and options to you.
Our team of experienced car accident lawyers in Rock Hill, SC, will provide you with a comprehensive overview of the process, helping you identify potential claims for medical expenses, lost wages, pain and suffering, and other damages.
No Financial Risk with Our A&A Zero Fee Guarantee
Not only do you not pay for a consultation, you will never pay us a legal fee out of pocket. Our payment comes after we win your case, and the amount comes from the settlement alone. This is called our “A&A Zero Fee Guarantee.”
We bear all financial risk for your case, because we only take cases we believe in – and we win.
Our contingency fee arrangement ensures you can access quality legal services without upfront costs, placing the financial risk on us instead of you.
Maximizing Your Compensation for Your Injury
Our primary goal is to maximize your compensation and ensure you receive the justice you deserve.
We handle all aspects of your case, from gathering evidence, to gathering and reducing medical bills to negotiating and filing suit with insurance companies, allowing you to focus on your recovery.
With our help, you may recover more than you would on your own, especially when accounting for potential uncalculated losses.
The facts speak for themselves; according to a study by Nolo, injury victims who hire a lawyer receive, on average, a 4.4x higher payout than victims who didn’t use a lawyer.
Free Consultation with Experienced Rock Hill Car Accident Law Firm
With a free no-strings-attached consultation and no legal fees until we win your case, what’s there to lose by reaching out? Whether your injuries seem minor or severe, it’s crucial to explore all your legal options.
Contact Auger & Auger Accident and Injury Lawyers for a free consultation. We’ll discuss your case in detail, outline the steps involved in pursuing compensation, and work to secure the best possible outcome for you. Then, you can make your decision whether to hire us, a competitor, or go at it on your own.
