If you are in an accident with a person driving a rental car, you may be unsure what steps you need to take to obtain compensation for the losses you have.
Working with a Greenville car accident lawyer who has more than 10 years of experience can make a big difference in the outcome of your case.
At Shelly Leeke Law Firm, our Greenville rental car accident lawyer can help you minimize the risk of costly losses and frustrating delays.
Determining Fault in a Car Accident
To file a claim for losses, you must demonstrate the other person is responsible for your injuries. After a serious accident, the police responding to the accident or the insurance companies involved typically assign fault based on the evidence present.
If you do not believe this to be accurate, your rental car accident attorney in Greenville will work on your case for you, which must include:
- Demonstrating that the driver owed you an expectation of safety.
- The driver or other party violated that duty of care.
- The violation directly caused the accident.
- You sustained injuries and financial loss as a result of the accident.
With the guidance of our Greenville personal injury lawyer, you will gain insight into all parties responsible. This may include the driver of the vehicle, the rental company that owns the car, or any third parties that may be responsible. Talk to our team today about your case.
Rental Car Liability in South Carolina
A person renting a vehicle typically assumes liability for their actions when they agree to the vehicle’s use. In some situations, the driver will purchase additional insurance to help cover the losses they experience.
That means if the rental car driver causes the accident, they may be legally responsible for the losses you have, including in situations such as:
- The driver was driving recklessly, such as speeding or following too close.
- The rental car driver was intoxicated from the use of alcohol or drugs.
- You can demonstrate the driver was distracted, such as using their phone.
In these situations, the driver typically holds responsibility, but there are times when the rental company that owns the car could be held accountable.
A good example of this occurs when the accident is due to a breakdown of the car due to poor maintenance and upkeep. If you can show the car itself caused the accident, that owner could be responsible.
Comparative Negligence in South Carolina
Under South Carolina’s comparative negligence law SECTION 15-38-10, a person may file a claim against the other party if they are no more than 50% to blame for the accident.
If a judge or the police determine you are 51% or higher to blame for the accident, meaning you hold most of the fault in the accident, you may be unable to file a claim for any of the losses you have. If you are under 50%, your claim is reduced by the amount of fault you have.
For example, if you are involved in an accident with the rental car driver and found to be 30% at fault, meaning you did something that law enforcement believes makes you 30% at fault, you can still file a claim, but the amount you receive is 30% less than your losses.
It is not uncommon for both drivers to hold some responsibility in the accident. As long as your responsibility is less than half, you can still file a claim.
This is one of the most important reasons to hire a rental car accident lawyer in Greenville. At Shelly Leeke Law Firm, we will work to show you are not to blame at all or that you hold the least amount of fault possible. That could make a difference in your ability to recover damages or not in the accident.
Common Causes of Rental Car Accidents
Car accidents happen for many reasons on a daily basis in Greenville, but rental car accidents may have additional causes to consider. As a city known for its natural beauty and history, there is a significant amount of history here, and many come to town for business trips.
With that in mind, consider some of the most common causes of car accidents involving rental cars in the city:
- Lack of knowing directions: This often leads to many people getting lost or slowing down suddenly to find an address. When the rental car driver does not know where they are going, they can cause an accident.
- Speeding: It is not uncommon for accidents to involve speeding, sometimes because visitors do not know the speed rate changes that occur in some of the areas.
- Wildlife: There is a substantial amount of wildlife in the area, and those who are unsuspecting may swerve to avoid an animal only to cause an accident.
Common causes also apply, such as driving under the influence of alcohol or drugs, tailgating, aggressive driving, or driver fatigue. Proving what happened helps you to verify your right to compensation in your case.
Let our Greenville rental car accident attorney guide you through this process. Read our FAQs to learn more.
How Our Rental Car Accident Attorneys Help You
When you are the victim of a car accident involving a rental car, do not assume your insurance or theirs will help you. Instead, set up a free consultation with our attorneys. Let us guide you with the following:
- Determining all parties at fault
- Calculating all of the losses applicable to your case
- Minimize the risk of holding too much of the blame in your case to receive compensation
Insurance companies will try to settle for less than they owe you. With our help, you do not have to worry about that happening. Let us fight for full and fair compensation for you instead.
Schedule a Free Consultation with a Trusted Greenville Rental Car Accident Attorney
With more than 10 years of experience serving the community, Shelly Leeke Law Firm is committed to helping victims recover fair compensation after they are hurt by another person.
Schedule a free consultation with our Greenville rental car accident lawyer to discuss your case today. Let us help you get justice for what happened in your situation.
