Car accidents can be devastating for injury victims. Many people know they should get medical attention but are unsure of their next steps. Once you are stable, you can begin the legal process with help from a top-rated Mt. Pleasant car accident lawyer.
Motor vehicle accidents have many physical, emotional, and financial consequences. One of the biggest concerns for many accident victims is how they will pay their medical bills. If this situation sounds familiar, call a dedicated Mt. Pleasant personal injury lawyer from Shelly Leeke Law Firm to connect with a legal advocate who will work tirelessly on your case.
Common Types of Motor Vehicle Accidents in Mt. Pleasant
One of the first steps in your car accident investigation is figuring out who is responsible. To do this, your car accident lawyer in Mt. Pleasant will evaluate the type of collision you were involved in. Some of the most common types of motor vehicle wrecks our clients have suffered include:
- Single-car accidents
- Head-on collisions
- T-bone accidents
- Motorcycle accidents
- Sideswipes
- Accidents at intersections
- Multi-vehicle car accidents
- Commercial truck accidents
- Distracted driving accidents
- Tire blowouts
- Pedestrian accidents
- Rear-end collisions
- Parking lot accidents
- Drunk driving accidents
- Bicycle accidents
- Drowsy driving accidents
- Red light accidents
- Failure to yield accidents
- Highway accidents
These are just a few examples of the types of car accidents that could occur. If you were injured in a different kind of collision, do not feel discouraged. Our legal team at Shelly Leeke Law Firm will carefully investigate the type of accident you were involved in so we can figure out which parties should be named in your insurance and civil claims.
The Common Causes of Mt. Pleasant Car Accidents
It takes one mistake to change someone’s life. Many car accident deaths throughout South Carolina are caused by driver error or negligence and contributed to many of the 738 fatal car accidents in 2023, according to the South Carolina Highway Patrol. Some of the top causes of Mt. Pleasant car accidents are:
- Speeding
- Intoxication
- Weather conditions
- Reckless driving
- Maintenance issues
- Distracted driving
- Failure to yield
- Following too closely
- Disobeying traffic signals
The cause of the accident will determine who will pay for your losses. Often, it is the driver and their insurance company, but sometimes, it can be a third party. In some instances, a local government, parts manufacturer, or employer can share liability for a car accident. Talk to your legal representative today to find out who is liable for your damages.
Liability for Your Car Accident Injuries
Proving liability in a motor vehicle crash is crucial. South Carolina is a fault state according to the South Carolina Department of Insurance, so the at-fault party will be expected to repay you in full for your damages. Here are some of the parties who are most frequently held accountable for Mt. Pleasant car accident injuries and damages:
Negligent Drivers
More often than not, negligent drivers are named in car accident lawsuits. Negligent driving can consist of any type of driving that is considered unsafe. Any type of traffic violation could result in the negligent driver being held accountable for your damages, including speeding, failure to stop, driving under the influence of drugs, failure to use a turn signal, failing to check blind spots, and other unsafe driving.
Dram Shops
You may have grounds for a dram shop liability claim under S.C. Code Ann. §61-4-580. A dram shop is any establishment that serves or sells alcohol. Some of these establishments can include:
- Grocery stores
- Night clubs
- Stadiums or sports venues
- Bars
- Restaurants
- Convenient stores
If these establishments serve or sell alcohol to someone who is already visibly intoxicated, the dram shop could be partially at fault for your injuries and damages. We will need to show that dram shop employees knew or suspected that the driver that hit you was intoxicated when they sold or served the driver. If the driver was clearly impaired and the dram shop served or sold them alcohol, they could be compelled to compensate you for your damages.
Auto Parts Manufacturers
Defective motor vehicle parts are one of the most common causes of collisions. Auto parts manufacturers, designers, distributors, and retailers can all be sued when malfunctioning motor vehicle parts contribute to accidents. This is particularly true if companies knowingly used low-quality parts, ignored repeated complaints, or failed to acknowledge major safety concerns.
However, auto parts manufacturers are not the only parties you could sue. Anyone involved in the chain of distribution of a defective part could be held accountable. Some of these parties could include:
- Motor vehicle dealerships
- Executives
- Maintenance workers
- Safety inspectors
- Other third parties
Government Agencies
You might also have grounds for a claim against the city of Mt Pleasant or the South Carolina Department of Transportation (SCDOT). Most often, you can file a claim against the government agency if hazardous road conditions contributed to your accident. According to the SCDOT, these government agencies are responsible for maintaining the roads.
When they fail to make necessary road repairs, address missing street signs, install crosswalks or bicycle lanes, or leave road construction work zones improperly secured, these agencies can be named in your insurance and civil claims. However, other parties could also share responsibility in an accident caused by dangerous roads, including:
- Government safety inspectors
- Government contractors and road construction workers
- Government employees
- Individual government officials
What Happens if You Are Accused of Sharing Liability
One of the top ways liable parties attempt to avoid financial responsibility for a car accident victim’s damages is by blaming them for the accident. South Carolina is a modified comparative fault state according to the South Carolina Contribution Among Tortfeasors Act. Sharing blame will reduce your settlement, and you could even be prohibited from moving forward with your claim if your portion of culpability reaches or exceeds 50%.
The at-fault party and their insurance company will be aware of these laws and will likely do everything they can to reduce your payout. Fortunately, your Mt. Pleasant car accident attorney will protect you from being taken advantage of. We will ensure fault is accurately evaluated so you do not have to worry about losing out on compensation that is rightfully yours.
When There Is No Insurance Coverage Present
When the at-fault driver does not have insurance, things can get tricky. Many accident victims assume they have no options. You might even believe you are going to be left to deal with the repercussions of someone else’s negligence alone.
Depending on the severity of the accident and subsequent injuries, your financial hardship can be significant. Depending on your insurance and the other driver’s role, they can be held personally responsible for your costs. However, discuss your options with a car accident attorney in Mt. Pleasant, SC, to find out how the lack of auto insurance coverage could impact your case.
How to Prove Liability and Negligence in a Car Accident Claim
The burden of proof in civil court is based on a preponderance of the evidence according to South Carolina Code §15-36-100. If your case was being heard in criminal court, the burden of proof would be beyond a reasonable doubt. Fortunately, car accident and personal injury claims have a lower standard.
The evidence we present must be clear and convincing that the defense is likely responsible for causing your injuries. Therefore, we must present powerful evidence to demonstrate how the defendant is at fault. Some examples of such evidence could include:
- Medical records
- Photos of your injuries
- The defendant’s breath and blood alcohol test results
- A copy of the police report
- Data obtained from event data recorders (EDRs)
- Video of the collision
- The defendant’s criminal and driving history
- Crash data
- Witness statements
- Personal testimony
- Reports from accident reconstructionists
Types of Injuries You Can Suffer
Injuries will vary since every car accident is different. There is no way to predict what injuries you will suffer or the symptoms you will face. However, some of the most common types of injuries car accident victims in Mt. Pleasant sustain include:
- Lacerations
- Traumatic brain injury
- Spinal cord injuries
- Organ failure
- Facial injuries
- Neck injuries
- Dental injuries
- Amputation
- Internal injuries
- Broken bones
- Third degree burns
- Psychological pain and suffering
- Fatal injuries
- Second impact syndrome
- Concussion
Sometimes, the insurance company will urge you against hiring a Mt. Pleasant car accident attorney. They do not want you to have a Mt. Pleasant car accident lawyer because they do not want to pay you what you deserve. Before listening to the insurance company, discuss your case with Shelly Leeke Law Firm.
The Financial Recovery You Can Pursue
When you file a claim, you are pursuing compensation for your injuries and losses. Your financial recovery will depend on your injuries and how well they can heal, with some injuries requiring ongoing care and should include expected future losses. Among the economic and non-economic damages you can recover are the following:
- Past and future medical bills
- Medical devices
- Permanent disability
- Household services
- Prescription medication
- Disfigurement and skin scarring
- Rehabilitation and therapy
- Loss of enjoyment of life
- Short or long-term disability
- Out-of-pocket expense
- Disability costs
- Medical equipment
- Lost wages
- Diminished future earning capacity
- Emotional distress
- Reputational damage
- Loss of employee benefits
We must consider how your injuries will impact your job and lifestyle. If you cannot work in the same capacity or at all, we will seek compensation for those losses. Find out what your case is worth when you talk with your Shelly Leeke Law Firm car accident lawyer today.
The Car Insurance Claims Process
When you file a car accident claim, you work with your insurance company or that of the at-fault party. Insurance companies are looking out for themselves and are only concerned with their bottom line– they know their process is complicated and you are vulnerable. When you hire a car accident law firm, the story changes, and we will be by your side through every step of the claims process, the most important of which include:
- Determining fault and liability for the car accident in Mount Pleasant
- Evaluating your economic and non-economic damages
- Making a claim and negotiating with the insurance company
- Crafting a demand letter outlining the car accident and your losses
- Settlement negotiation with the insurance company
- Filing a lawsuit and entering litigation
You will not have to participate in these actions since our legal team will handle them. You may have to send documentation that can help us, but you will not be dealing with the insurance company. Most car accident claims are resolved during negotiations and rarely require litigation, but severe cases will require litigation and possibly trial.
What Happens When a Loved One Dies
If your loved one passes away from a car accident, you may have the right to file a wrongful death lawsuit in accordance with South Carolina Code §15-51-10. Eligible surviving families can recover damages for the losses the person suffered from the accident and can pursue compensation for contributions the person would have made if they did not die in the car accident. Some damages you could pursue include:
- Funeral and burial costs
- Loss of consortium
- Loss of household services
- Property damage
- Medical expenses incurred from the accident before their passing
The loss of a loved one cannot be replaced with money. Your family may be struggling to cope with the gaping hole in your lives. Pursuing compensation can help to hold the other party responsible for their actions. Our firm will review your case to determine which damages you can recover and demand all parties who share liability for your loved one’s death be brought to justice.
The Statutes of Limitations in Mount Pleasant Are Strict
Unfortunately, you do not have much time to take action as a victim or grieving family. Your claim must be filed within three years of the accident according to the South Carolina Code of Laws §15-3-530. The time starts when the collision happens.
Unfortunately, this is only one deadline to consider. There are many others along the way. There are insurance deadlines, legal deadlines, and much more.
You should speak to Attorney Shelly Leeke and our team at Shelly Leeke Law Firm immediately after the accident. We can handle all communications related to your car accident and ensure we stay within all relevant deadlines.
Mt. Pleasant Car Accident FAQ
Can I Still File a Claim if I Cannot Afford to Hire a Mt. Pleasant Car Accident Attorney?
Absolutely! Cost should never be a concern after you have been involved in a car accident. While certain types of lawyers may require retainer fees, when you work with a car accident attorney, you should never have to put money down. This is because most reputable personal injury law firms will work with you on contingency.
We adhere to the South Carolina Judicial Branch Rule 1.5: Fees. We will only get paid if we win your case. If we do not win, we will be out all the costs of pursuing your case.
We take on the risk of pursuing your case, so you do not have to. After everything you have been through, it is the least we can do.
How Much Will I Win in Punitive Damages?
You may or may not be awarded punitive damages in your car accident case. According to South Carolina Code §15-32-530, punitive damages can only be awarded if the individual or entity that caused the accident intentionally or with gross negligence. Their conduct must have been malicious, reprehensible, or abhorrent for punitive damages to apply.
For example, if the driver that hit you had a long history of drunk driving, punitive damages may be appropriate. However, if the driver that hit you was driving 5 mph over the speed limit, chances are, punitive damages would not apply. You can find out more about if punitive damages will be awarded when you speak with our legal team to discuss the value of your claim.
Do I Need to Hire a Car Accident Lawyer in Mt. Pleasant for My Car Accident?
The advantages that come with hiring a car accident lawyer are undeniable. With that being said, there is no legal requirement that states you must have a car accident attorney in Mt. Pleasant on your side. You are well within your rights to try to file your claim on your own.
While you are still recuperating from your injuries, trying to navigate the claims process or negotiate with the insurance company may prove more challenging than you expected. You should be able to focus on your healing journey during this time. When you hire a car accident lawyer on contingency, you can rest easier knowing you have a legal advocate in your corner handling the nuances of your claim.
Connect with Mt. Pleasant’s Leading Car Accident Law Firm Today
Car accidents are common but deadly. Just because they happen often does not mean they are minor. They can lead to lifelong consequences for victims.
Permanent disability and a reduction in quality of life are pervasive. Before you speak to the insurance company, you should talk to a Mt. Pleasant car accident lawyer from Shelly Leeke Law Firm. Call our office or submit our contact form to schedule a free consultation today.
