A serious vehicle wreck can result in a great deal of physical, emotional, and financial strain. If another person caused your accident, you may be wondering who will reimburse you for your losses.
With the help of a Walterboro car accident lawyer from Whetstone Perkins & Fulda, you could hold the at-fault party responsible for your injuries and damages. Speak with one of our seasoned personal injury attorneys today for help navigating the legal process.
Understanding the Role of Insurance in an Accident Case
Every driver in South Carolina must have liability insurance with coverage of at least $25,000 for bodily injury to one person, $50,000 for bodily injury to more than one person, and $25,000 for property damage. Drivers also must have uninsured motorist coverage with the same minimum coverage limits.
After a vehicle collision, the at-fault driver’s insurer may be pursued to seek compensation for your injuries up to their policy’s coverage limits. However, depending on the severity of the accident, that insurance policy may not provide enough coverage to adequately compensate you.
In these cases, an experienced attorney can assess your situation to determine if there are other coverages or parties to be pursued. Our seasoned injury attorneys are committed to exploring all options to maximize what you can recover.
Proving Negligence in a Car Crash Claim
To succeed in a vehicle collision case, you must prove that another party’s negligence caused the accident and your subsequent injuries. Negligence occurs when a person or entity fails to use reasonable care, causing an accident that injures another person.
All motorists have a responsibility to follow traffic laws and use caution toward others on the road. As such, your attorney must prove that the other driver’s careless action caused the crash and that your injuries were a direct result of the accident.
Police Reports and Fault
Whenever you are involved in a car crash, you should call the police. The officer’s accident report could offer crucial evidence as to which driver is to blame for the crash. For example, the police officer might issue a citation to one or more drivers.
If the other driver in your case was guilty of violating traffic laws, they may be considered “negligent per se.”
If poor road maintenance or unclear signage led to the wreck, the state or local government or road contractor responsible might be considered negligent.
An experienced Walterboro attorney can help you determine the cause of your car wreck and identify the at-fault party. We can also help you gather the evidence necessary to prove fault in your auto wreck claim.
How Does Partial Fault Impact an Auto Accident Case?
Many accidents result from the negligence of more than one party. Depending on the circumstances, the other driver may claim you were partially at fault for the crash. Pursuant to South Carolina Code §15-38-15, injured parties may collect damages as long as they were not primarily to blame for the accident that caused their injuries.
However, if you were partially negligent, you may only collect a portion of your damages award. Additionally, if you are deemed more than 51 percent responsible, you cannot collect any damages at all.
Insurers will attempt to lay most of the blame on the injured party to reduce their liability. A dedicated attorney could help you prove that the primary responsibility for the car crash lies with someone else.
Work With a Walterboro Car Accident Attorney to Resolve Your Claim
Vehicle accidents can lead to serious injuries. You should not have to shoulder the costs of medical care and lost time at work if another party caused your injuries.
The Walterboro car accident lawyers of Whetstone Perkins & Fulda have extensive experience negotiating with insurance companies and know how to respond to their tactics. Schedule a case review as soon as possible to get a savvy legal professional working for you.