South Carolina clearly states that drivers must act to keep others safe. Failure to do so can lead to criminal charges and lawsuits. If a driver causes a collision due to negligent driving, such as speeding, illegal lane changing, or road rage, our St. Andrews reckless driving accident lawyer can help you file your claim.
Our personal injury firm has more than 10 years of experience helping victims protect their right to compensation. Schedule a free consultation with a St. Andrews car accident lawyer today. We will discuss the details of your case and strategize how to protect your best interests.
How to Prove Reckless Driving in a South Carolina Accident
Victims of reckless driving accidents have the burden of proving that the other driver caused their accident by engaging in these acts. In some situations, this is easy to do, especially if the police document the type of activity on a ticket issued at the time of the accident. Other times, you may have to build a case that demonstrates how the other person was using their vehicle in an unsafe manner, such as with:
- Photos or video of the accident or moments leading up to the accident from nearby traffic cameras or witnesses.
- Witness statements who saw what was occurring, including passengers in either vehicle or those in other vehicles.
- Accident physical evidence, such as the placement of debris and type of impact damage to vehicles.
- Blood alcohol tests of the suspected at-fault driver indicate intoxication.
- Records from black boxes or navigational devices on some vehicles, especially commercial vehicles.
- Accident reconstruction expert opinions that demonstrate how the accident took place.
With the guidance of a St. Andrew reckless driving accident attorney, it may be possible for you to recover damages in your case that help you get back on your feet. Your St. Andrews personal injury lawyer will have the resources to build your case through available evidence. Even if the police did not document the accident as reckless driving, your attorney may be able to help you prove that was the case.
Types of Reckless Driving Causes in St. Andrews
Under S.C. Code 56-5-2920, reckless driving refers to any type of incident in which a person has no regard for the safety of any other person or property while operating a vehicle. Reckless driving charges are a criminal act that could hold the driver responsible for fines. Yet, for car accident victims, reckless driving acts such as the following are often worth filing a claim against:
- Speeding: Speeding at a rate of 25 miles per hour or more above the speed limit is reckless under state laws. That speed could be much lower if road conditions are bad, such as due to rain or ice.
- Tailgating: Following too closely behind another driver is the reckless operation of a vehicle. It reduces the distance the driver has to stop suddenly.
- Ignoring traffic laws: This could include failing to yield, running a red light, failing to use a signal to switch lanes or turn, or ignoring a stop sign.
- Intoxication: Those who drive under the influence of alcohol or drugs may be engaging in reckless driving.
- Brake checking: It may be reckless driving if a driver slams on their brakes in an attempt to scare or cause the driver behind them to hit them.
- Distracted driving: In some situations, distracted driving could be a reckless driving charge, especially if the driver is using a phone or watching TV behind the wheel.
- Racing: Any type of public racing is illegal, but on roadways, it can be disastrous for victims because of the challenges of maintaining control over the vehicle.
Other instances could qualify as reckless driving as well, including road rage, a form of aggressive operation of a vehicle.
Victims of accidents brought on by any of these factors should work with a reckless driving accident lawyer in St. Andrews at Shelly Leeke Law Firm for legal help and answers to your frequently asked questions (FAQs). You may be able to recover compensation for your losses, as evidenced by our case results.
Damages Recoverable in a Reckless Driving Accident Case
Reckless driving accidents can cause serious injury to victims, often changing the course of your life from a physical, emotional, and financial standpoint. Under the law, you have the right to pursue fair compensation for any losses you can demonstrate. Some examples of the losses many of our clients have after these accidents include:
- Medical costs related to emergency and ongoing medical care, treatments, medications, and hospitalizations.
- Mental health support associated costs for dealing with trauma and anxiety.
- Lost wages and benefits, as well as ongoing loss of earning capacity if returning to work, may not be possible at the same level.
- Property damage to your vehicle and other belongings within the car at the time of the accident.
- Pain and suffering resulting from the accident and ongoing recovery process.
- Emotional damage, including the onset of mental health complications like post-traumatic stress disorder.
- Loss of quality of life if you cannot engage in your life like you used to.
- Loss of consortium and other changes in relationships.
- Disfigurement from scarring.
- Disability and amputation losses.
Victims of reckless driving accidents face an uphill battle to recover. Having a reckless driving accident attorney in St. Andrews working on your behalf can be critically important to ensure you receive all losses owed to you. Do not settle your claim with the insurance company until you are confident that they are paying you fairly.
Punitive Damages in South Carolina Reckless Driving Accidents
It may be possible for victims of reckless driving accidents to receive punitive damages after their accident.
These damages are awarded to the victim as a type of punishment and discouragement to the at–fault party from engaging in such accidents again. If your case warrants it, you can expect a judge to order these losses paid to you.
Set Up a Free Consultation to Discuss Your Losses with Our St. Andrews Reckless Driving Accident Lawyer
Meet with the Shelly Leeke Law Firm today to discuss your accident at length. We are here to advocate for you fairly.
If you are hurting due to the actions of another driver, our St. Andrews reckless driving accident attorney can offer guidance. There is no cost to a consultation with our team.
