South Carolina law state that when a vehicle accident occurs, the driver that is determined to be at fault is responsible for all of the damages that were caused as a result of their negligence. An experienced South Carolina car accident attorney will typically look at these three things to determine if you have a case. You will need to prove the following:
- Negligence – You will have to prove that the other driver in the accident breached the duty of care they have to you and other vehicles on the road.
- Damages – You will have to prove that you were injured as a result of their negligence and that there are enough damages to justify filing a claim.
- Causation – You must prove that the damages you sustained were a direct result of the negligent act of the other driver.
If any of these three factors are missing, you may not be entitled to file a personal injury claim to recover damages. However, if all three are present, you will likely have a case and be able to receive compensation for your damages.
Types of Negligence in South Carolina
When it comes to negligence in any type of car accident or personal injury claim, there are a few things you need to know.
- Negligence – This is when a person has a duty to act certain ways around other people and they breach this duty. We all have the duty to exercise reasonable care when driving a car and if we breach that duty by driving irresponsibly or failing to follow the rules of the road, we may be held responsible for the damages that our negligent behavior caused.
In addition, the laws say that we are only responsible for the damages that were proximately caused as a result of our bad behavior. The person who sustained the injuries or damages may be entitled to recover medical costs, loss of income, pain and suffering, and other losses that they suffered due to our negligence. The person filing the claim will not be able to recover damages that were not a result of the accident.
- Per Se Negligence – This occurs when a defendant violates the laws that are intended to keep the public safe. Most traffic laws fall into this category, so when a driver violates these laws, the focus of a lawsuit will likely shift from whether the defendant was actually negligent to whether their negligence resulted in your injuries and damages and what the compensation should be.
- Comparative Negligence – As long as you are not found to be more than 50 percent at fault for an accident, you may still be able to file a claim for compensation. If you are found partially at fault for an accident, but less than 50 percent, the amount of damages you are awarded will be reduced by the percentage of fault that is assigned to you.
Contact an Experienced South Carolina Car Accident Attorney Today
If you or a loved one has been injured in a car accident, you may be entitled to compensation. The attorneys at David Aylor Law Offices have years of experience helping their clients recover the compensation that they deserve. Contact our office today to schedule a consultation.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.