If you have been hurt in a car accident, it may be in your best interests to speak to a trusted, experienced, aggressive Myrtle Beach car accident lawyer from our legal team at Shelly Leeke Law Firm. We represent victims suffering from medical bills, serious medical complications, long-term pain and suffering, and disruption to their lives due to the negligence of others. Let our Myrtle Beach personal injury lawyer fight to maximize your compensation in this challenging legal matter.
Put an Aggressive Myrtle Beach Car Accident Attorney to Work for You Now
Car accident claims are not always simple. You should not have to worry about those details when you have an experienced attorney by your side to fight for you and hold the insurance companies responsible. You need a proven attorney who believes in you and can provide exceptional legal guidance.
Our firm has decades of experience helping people maximize their compensation so they can focus on recovery. You do not have to wait to get our years of dedication working for you. Contact our office for a 100% free consultation today.
Common Causes of Car Accidents in Myrtle Beach
Roadways throughout Myrtle Beach can be jam-packed with people at any time, especially US 18, Ocean Blvd, and Kings Highway. These areas are some of the largest tourism hot spots, but they are also where much of the commercial activity takes place here. This increases the risk of car accidents in the area.
In recent years, our Myrtle Beach car accident attorney has also seen a number of increases in car accidents due to truck drivers, especially within local residential areas. Whether you are on US 501 or in the Harrelson Blvd and George Bishop Parkway area, you know the risks are real. We can help you if you have been a victim in a case like this.
A report by the South Carolina Department of Public Safety revealed that traffic collisions in the state are a serious issue. Car accidents can occur for a multitude of reasons. Some of the most prevalent causes of these accidents include:
Distracted Driving
Technology and the risk of distracted driving have emerged as one of the primary reasons for car accidents. This encompasses many activities, such as texting or talking on the phone, as well as eating, and adjusting the radio. It can also include anything else that takes the driver’s focus away from driving safely.
Speeding
Excessive speed is another frequent contributing factor to car accidents. Many drivers often exceed the posted speed limits, particularly on highways. Speeding can lead to serious and even fatal accidents due to the increased force of impact at high speeds.
Reckless Driving
Reckless driving behaviors, such as running red lights, weaving in and out of traffic, tailgating, and aggressive lane changes, can also lead to accidents. These actions endanger the drivers who engage in them and put other road users at significant risk. By being aware of these common causes of car accidents and taking steps to prevent them, residents and visitors can contribute to making the roads safer.
Liability in Myrtle Beach Car Accidents
Figuring out who is at fault in your car accident is essential. The liable party will be expected to compensate you for your damages in full. However, you might be surprised to learn that multiple parties could share responsibility for your injuries.
For example, you may be anxious to take action against the driver that hit you. However, unless the motorist was operating their vehicle unsafely or negligently, other parties could be liable. For instance, perhaps the negligent driver that hit you had to swerve to avoid an improperly secured road construction zone suddenly.
In addition to negligent driving and hazardous road conditions, there is also a strong possibility that auto part malfunctions contributed to your accident. If this is the case, auto parts designers, manufacturers, and anyone else involved in the chain of distribution of these parts could be partly to blame for your damages. Only a comprehensive investigation into the cause of your crash will uncover the truth.
South Carolina Car Accident Laws
You have a right to a safe space when you are driving a car from one area of Myrtle Beach to the next. Car accident laws in South Carolina are in place to ensure that is the case. Yet, it is not uncommon for those laws to be broken.
Multiple car accident laws in South Carolina could have a significant impact on the outcome of your case. Understanding these laws is essential if you hope to prepare for the insurance negotiations and trial ahead. Here are some of the most common and notable car accident laws you need to know:
Statute of Limitations
Many car accident victims wind up having to bring their case to trial when the liable party refuses to settle outside of court or insurance policies are not enough to fully meet their needs. The South Carolina personal injury statute of limitations under S.C. Code Ann. §15-3-530 determines how long you have to file a lawsuit in civil court. According to the law, you have a maximum of three years from the date of the accident to get your lawsuit filed.
Unfortunately, when your claim is not filed in time, you may lose out on the opportunity to have your case heard before a judge and jury. Working with a car accident lawyer in Myrtle Beach may be the best way to protect yourself from laws that could have an adverse impact on the outcome of your case. We will do everything possible to ensure your claim is filed before the statute of limitations deadline so you can get the most out of your claim.
Fault Insurance Rules
Understanding how insurance claims are handled is crucial, as filing a claim with the insurance company is one of the most common ways to recover financial compensation for your damages after a car accident. Under South Carolina automobile insurance, the liable party is expected to pay.
This means that when you are ready to move forward with the car accident insurance claims process, you will initiate a claim against the liable party’s insurance policy. If the at-fault driver or other liable party has insurance coverage, you could obtain compensation for a portion of your medical expenses and personal property damages. However, in most cases, this will not be enough to cover the totality of your damages.
You do not need to have all of the answers yourself. Set up a free consultation with us. Let us help you determine who is at fault.
Sharing Fault for the Accident
In some states, if you are partially responsible for causing an accident, you are prohibited from being awarded a settlement according to pure contributory negligence laws. In other states, sharing liability will not prevent you from recovering compensation, even if you are 99% to blame. However, South Carolina follows modified comparative negligence laws under the South Carolina Contribution Among Tortfeasors Act.
You can still receive a settlement for your damages if you are partially at fault, but only if your portion of liability is no greater than the 50% threshold. You should also expect your settlement to be reduced. Consider your percentage of culpability when wondering how much will be deducted from your payout.
For example, if you did not have your seatbelt on when a drunk driver hit you, you might be found 5% at fault for your injuries. If you were awarded a sum of $5 million for a permanent disability, you would not collect the full $5 million. Instead, 5% would be deducted from your settlement, and you would have a total award valued at $4.75 million with a $250,000 loss.
Everything You Need to Know About Myrtle Beach Car Accident Insurance Claims
Pursuing a car accident insurance claim is common after a car accident. After all, auto insurance coverage is designed to help cover some of the costs associated with a collision. However, dealing with the insurance company is often far more challenging than many accident victims realize.
South Carolina Auto Insurance Requirements
Under South Carolina law, as described by the South Carolina Department of Motor Vehicles, all motorists are required to have auto insurance coverage. However, this coverage is not at all extensive. Motorists are expected to carry:
- $25,000 for property damage expenses
- $25,000 per person for medical expenses
- $50,000 per accident for medical expenses
Drivers are required to carry uninsured motorist coverage. If the driver that hit you only carries the minimum amount required by law, you may have residual damages insurance does not pay for. Keep in mind that insurance only pays for specific types of losses, so you may have remaining damages even if you do obtain an insurance settlement.
Insurance Adjuster Tactics
The insurance company is supposed to protect you financially after being involved in a life-shattering car accident. Unfortunately, the insurance company rarely, if ever, prioritizes the claimant’s needs. The insurance company cares about one thing: its profits, which is why insurance companies offer accident victims quick, but lowball settlements.
Insurance companies have been known to take advantage of claimants. That is why bad faith insurance claims exist– to ensure insurance companies are held accountable when they do not handle claims as they are legally required to according to the policy terms. Some insurance adjusters go to great lengths to reduce claimant settlements and deny claims altogether.
We have seen cases of insurance adjusters misrepresenting the terms of the policy, refusing to investigate accidents or return phone calls or emails, and even placing blame on the injury victim for the accident. Insurance adjusters may also attempt to manipulate any statement you give them or make insultingly low settlement offers to trick you into accepting less than you are entitled to. Your car accident attorney in Myrtle Beach will protect you from the insurance company and demand the fair settlement you deserve.
More on Covered Losses
Many car accident survivors find themselves anxious to file accident claims because they believe an insurance settlement will cover their damages quickly. However, this is rarely the case. The insurance company will only pay out what they are legally required to, and even then, we may need to fight to get the most out of your claim.
State auto insurance laws only require motorists to carry bodily injury and property damage liability coverage. This means you can be awarded compensation for your medical bills and vehicle repair costs. However, insurance does not compensate injury victims for any other types of economic or non-economic damages.
Compensation for Myrtle Beach Car Accident Victims
Car accident victims deserve fair compensation for their damages and suffering. According to South Carolina tort laws, you have the right to be made whole. Every single way your life has been affected by the accident should be taken into consideration when your personal injury attorney calculates the value of your claim.
You have the right to be reimbursed for your economic damages and non-economic damages. Your economic damages are strictly monetary. Your non-economic damages are the ones that have significantly affected your emotional state, lifestyle, and well-being.
Take a look at some of the costs we help our clients to recover. Every situation is unique. We can offer specific guidance to you.
Medical Care
One of the most important costs we are going to get covered is your medical expenses. Even less severe injuries can wind up being extremely costly due to the astronomical cost of healthcare in the United States. You do not want to get stuck covering even one cent of your medical bills, including:
- Diagnostic testing phase
- The costs of hiring home health care providers
- Medical home accommodations
- Co-pays
- Mental health counseling
- Reconstructive or plastic surgery
- Medical treatment
- Prescription drugs and over-the-counter medications
- Medical equipment and devices
- Physical and occupational therapies
Some of your medical expenses may be covered through your insurance claim. However, it may not be enough to cover the total value of your healthcare costs. For that reason, you should always prepare to bring your car accident case to trial.
Pain and Suffering
Pain and suffering is an entirely subjective type of loss. The way each car accident victim’s life is affected by the accident will vary widely. We will need to carefully evaluate the impact of your case, including:
- Emotional trauma
- Physical pain
- Diminished quality of life to determine how much your pain and suffering or non-economic damages are worth
Although pain and suffering and other non-economic damages, such as fear, indignity, loss of consortium, and disfigurement or skin scarring, do not have a financial value, their impact on your life may be considerable. We will utilize the multiplier and per diem methods to ensure we are accurately calculating the value of your non-economic damages. You can rely on our team at Shelly Leeke Law Firm to ensure you are awarded fairly for these intangible losses.
Lost Wages
Arguably one of the most impactful types of losses, you have the right to be fully repaid for your loss of income. Missing even one paycheck could be catastrophic for your family. Taking time off of work may be necessary depending on the extent of your injuries and damages, so recovering your lost wages will be crucial if you hope to avoid financial ruin.
However, you are entitled to more than just the income you lost from taking time off work. In many cases, you may qualify for other benefits. This includes:
- Retirement benefits savings contribution
- Health insurance coverage
- Paid leave and other benefits
Punitive Damages
Do not be surprised if punitive damages in civil actions are not awarded in your case, as they could substantially increase your settlement. They are only awarded as a way of further punishing the defendant for behavior that could be considered intentionally malicious, egregious, or grossly negligent per S.C. Code Ann. §15-32-530. Court systems will only award punitive damages when they find it necessary to deter the public from engaging in similar wrongful acts, and not every accident warrants punitive damages.
Contact Shelly Leeke Law Firm for a Free Consultation with a Car Accident Attorney in Myrtle Beach, SC
By working with a Myrtle Beach car accident lawyer from Shelly Leeke Law Firm, you can be confident that your rights and interests will be protected. Our team’s knowledge and experience in handling such cases can make all the difference in achieving a favorable outcome. Contact us today to learn how we can help you with your case.
