Side-impact collisions occur when the front of one vehicle crashes into the side of another. These accidents often happen at intersections and are among the most severe types of crashes, frequently resulting in life-changing injuries, high medical expenses, and emotional distress.
The lack of structural protection on the sides of vehicles means passengers are more vulnerable to serious trauma.
Navigating the aftermath of a side-impact collision can be overwhelming, but thankfully South Carolina has strong laws to protect victims of these types of accidents.
South Carolina’s modified comparative negligence rule allows you to recover damages as long as you are less than 51% at fault, but your compensation is reduced by your percentage of fault. This makes understanding your rights and taking the correct steps after an accident essential to protecting your claim.
This article explores the critical aspects of side-impact accidents, including why you need a lawyer, the types of compensation you may be entitled to, common legal challenges, what to do immediately after an accident, and how Auger and Auger can help you secure the compensation you deserve.
Why You Need a Lawyer and What They Will Do
Securing compensation after a side-impact collision involves more than filing an insurance claim. It requires understanding South Carolina laws, gathering strong evidence, and countering insurance company tactics aimed at minimizing payouts.
An experienced attorney is essential for navigating this process and maximizing your compensation.
How an Experienced Lawyer Can Help
Investigate the Accident
A lawyer will conduct a detailed investigation to gather evidence that supports your claim. This includes:
- Reviewing traffic camera or security footage.
- Analyzing police reports for critical details.
- Working with accident reconstruction experts to determine the sequence of events and assign fault.
- Collecting witness statements to corroborate your account of the accident.
Document Your Damages
Proving your losses is just as important as proving the accident occurred. An attorney will ensure all financial damages are documented, including:
- Medical Expenses: Hospital bills, surgeries, physical therapy, and long-term care.
- Lost Wages: Earnings lost during recovery and reduced future earning potential due to injuries.
- Property Damage: Costs for vehicle repair or replacement.
An attorney may also negotiate reductions on medical bills, helping to maximize your overall compensation.
Prove the Other Driver’s Fault
In South Carolina, the modified comparative negligence rule makes proving fault critical. A lawyer will build a strong case showing that the other driver’s negligence caused the accident, while countering any attempts by insurers to shift blame onto you.
Negotiate with Insurance Companies
Insurance companies often undervalue claims or dispute injury severity to reduce payouts. A lawyer will advocate for a fair settlement and, if necessary, file a lawsuit to represent you in court and secure the compensation you deserve.
At Auger and Auger, we specialize in helping side-impact collision victims navigate these challenges. While you focus on your recovery, we handle the legal process to ensure you receive the compensation you’re entitled to.
The Compensation You Can Receive
Side-impact collisions often result in substantial financial, physical, and emotional burdens. With skilled legal representation, you may be entitled to compensation for:
- Medical Expenses: Covering the full range of medical costs, including emergency care, surgeries, rehabilitation, and ongoing treatments.
- Lost Wages and Reduced Earning Capacity: Compensation for income lost during recovery and for limitations on future earning ability caused by permanent injuries.
- Pain and Suffering: Addressing the physical and emotional toll of the accident, such as chronic pain, depression, PTSD, or loss of enjoyment of life.
- Property Damage: Covering the repair or replacement of your vehicle and any other personal property damaged in the accident.
- Additional Out–of–Pocket Costs: Including transportation to medical appointments, in-home care, and modifications to your home to accommodate mobility limitations.
To ensure maximum compensation, our team works with medical professionals, vocational specialists, and economists to evaluate the full extent of your losses and project future costs.
The Legal Side of Side-Impact Cases
Proving fault in a side-impact collision is rarely straightforward, especially under South Carolina’s modified comparative negligence rule. Insurance companies may argue that you share partial blame for the accident, reducing or even eliminating your compensation.
Common arguments insurers use include:
- Claiming you were speeding at the time of the collision.
- Suggesting you failed to signal before a turn.
- Asserting that you could have avoided the collision by braking sooner or being more attentive.
To counter these claims, your attorney will collect and present compelling evidence, including:
- Accident reconstruction reports that illustrate exactly how the collision occurred.
- Traffic camera footage or other video evidence showing the at-fault driver’s behavior.
- Eyewitness testimonies to confirm that the other driver caused the crash.
Without an experienced attorney to handle these tasks, you risk losing a significant portion—or all—of your claim.
What Happens After a Side-Impact Accident and What You Should Do
The steps you take immediately after a side-impact accident are critical to protecting your health and strengthening your claim:
- Call Emergency Services: Ensure the accident is reported, and request medical attention even if you don’t feel injured. Some injuries, like internal trauma or whiplash, may not show symptoms immediately.
- Document the Scene: Take detailed photos of the vehicles, road conditions, and any visible injuries.
- Gather Witness Information: Collect names and contact information from witnesses who saw the collision.
- File a Police Report: Obtain an official record of the accident to support your case.
- Seek Medical Attention: Prompt evaluation is essential to both your health and your legal claim.
- Contact an Attorney: The sooner you involve a lawyer, the better they can protect your rights and build a strong case.
Common Scenarios of Side-Impact Collisions
Side-impact collisions often occur in specific situations, such as:
- Intersection Accidents: Caused by drivers running red lights or failing to yield.
- Left-Turn Collisions: When drivers misjudge oncoming traffic or turn without checking.
- Parking Lot Accidents: Backing out without checking for other vehicles.
- Failure to Yield: At stop signs, crosswalks, or highway merges.
Each scenario involves unique challenges in proving fault, often requiring comprehensive investigations and expert analysis. At Auger and Auger, we have extensive experience in these cases and will ensure that no detail of your case is overlooked.
How Auger and Auger Can Help
At Auger and Auger, we have over 30 years of experience helping victims of side-impact collisions in South Carolina recover the compensation they deserve. We provide:
- Thorough Investigations: Gathering and preserving all available evidence to build a strong case.
- Expert Collaboration: Partnering with medical professionals, accident reconstruction experts, and economists to evaluate damages comprehensively.
- Aggressive Advocacy: Countering attempts to assign blame to you and negotiating assertively with insurers.
- Comprehensive Support: Handling every aspect of your case so you can focus on healing.
With our A&A Zero Fee Guarantee, you don’t pay anything unless we win your case.
Contact Us Today
If you or a loved one has been injured in a side-impact collision, don’t wait to seek legal help. South Carolina’s modified comparative negligence rule makes acting quickly essential to building a strong case.
Contact Auger and Auger today for a free consultation. Let us handle the intricacies of your claim while you focus on recovery. Together, we’ll fight for the compensation you deserve.
