Mount Pleasant Car Accident Lawyer

Mount Pleasant Car Accident Attorney

Car accidents can be potentially serious and even life-threatening incidents that can have a significant impact on a person’s life. While there can be several contributing factors that lead to an auto accident, negligence can encompass some of the most egregious reasons. If you’ve suffered an injury in a crash as the result of someone else’s negligence, contact a Mount Pleasant car accident lawyer as soon as possible.

Mount Pleasant, SC, Car Accident Lawyer & Law Firm

At-fault parties should be held responsible for their negligence. The attorneys at Axelrod & Associates, P.A., work aggressively to identify negligent parties and ensure that you receive the maximum possible benefits in your case. We have nearly 100 years of combined experience helping clients in and around Mount Pleasant recover damages from their injuries. We believe it is important for you to receive full and fair compensation in order to help restore you back to wholeness.

What Causes Car Accidents?

There are many different potential factors that lead to car accidents. While a collision or crash can happen for any number of reasons, the following represent some of the more common reasons for car accidents in Mount Pleasant, South Carolina:

• Distractions. Distracted drivers represent the most common contributing factor to car accidents. Texting, talking on the phone, using the car’s console, using GPS, eating, or performing any other activity that takes your attention and focus away from driving is dangerous and can lead to accidents.
• Drinking. Driving under the influence of alcohol or drugs can lower a driver’s ability to make safe judgments. Intoxication lowers an individual’s reaction time, making them slower to respond to hazards or driving conditions.
• Defects. Faulty auto parts, unkempt roads and streets, and malfunctioning equipment, such as traffic lights, can all have a significant impact on driver safety and potentially lead to car accidents. When something external causes a car to be involved in a collision, the party responsible for its maintenance could be held liable.

Who Is Liable for a Car Accident?

While negligent drivers are most commonly to blame for car accidents, there are many different possible parties that could hold or share liability for a crash. Any party that is guilty of negligence and whose negligence directly led to the accident is liable for the ensuing damages. Some common potential parties include:

• Other drivers. Drivers who ignore traffic laws, drive aggressively, or make costly errors could be liable for the accident. This may also include a driver who wasn’t involved in the collision if their erratic driving caused the victim to attempt an evasive maneuver that resulted in the crash.
• Passengers. Drivers are not the only ones in a vehicle whose actions could lead to an accident. If a passenger was being disruptive, distracting, or otherwise obstructing the driver’s ability to drive safely, they could be held liable for the resulting accident.
• Parts manufacturers or mechanics. If an auto part malfunctions due to a defect, or if an issue occurs because a part was improperly installed or repaired, there could be third parties responsible for contributing to the collision.
• Employers. In the case of commercial vehicles, such as trucks, delivery drivers, taxis, and ride-sharing cars, an employer may be held liable for an accident. This can happen if the company is found to have poorly trained its employees, maintained unreasonable policies that led to unsafe practices, or not properly maintained its fleet.
• Governments. Because local governments are responsible for maintaining roadways, traffic lights, and posted signage, they can be held liable if a related issue led to an accident. For example, if unkempt foliage obstructed the view of one of the drivers, leading to an accident, or if a traffic light malfunctioned, your attorney could make a claim against the responsible municipality.

Establishing a liable party requires you and your attorney to demonstrate fault through negligence. A skilled and experienced lawyer can identify potentially liable parties as they review the details of your case with you during an initial consultation.

How Can I Prove Negligence in a Car Accident Case?

Establishing liability in a car accident case involves demonstrating that one or more other parties were acting negligently. This requires establishing three elements:

• Duty of care. Though it is generally well-established that all drivers owe other motorists and pedestrians on the road a duty of care to follow all traffic laws and drive in a manner that is safe for the given conditions, establishing a duty of care is also important when establishing the fault of a third party, such as a local municipality.
• Breach of duty. Failing to meet a duty of care is known as a breach of duty. This can include any action that another party would not have reasonably done in the same circumstance. It can also include inaction when another party would have reasonably acted. Most evidence presented in a case will be used to establish this point.
• Causation. It is not enough to merely have acted with negligence. You and your attorney must establish that the negligence directly caused the damages you suffered. Additionally, your lawyer can help you establish how the specific injuries and damages you suffered resulted from the accident.

By establishing that all three of the elements are present in your case, your attorney can prove that the at-fault party was acting negligently and is, therefore, liable for the damages caused by the accident. Once a liable party has been identified and their negligence has been proven, your lawyer can work on establishing a settlement amount for the total damages you’ve suffered.

What Kind of Compensation Can I Expect From a Car Accident Claim?

Generally, there are two types of damages for which you can recover compensation in a car accident claim. These damages are intended to cover the losses and injuries sustained as a direct result of the accident. These damages include:

• Economic damages. Also known as special damages, these encompass any and all related damages for which there is a specific value. These include medical expenses, lost wages from missed work, and the repair and replacement costs for damaged vehicles.
  Long-term costs, such as future medical costs and loss of earning capacity, can also be compensated for more serious accidents. The intention here is to recover the financial losses experienced by the accident.
• Non-economic damages. Also known as general damages, these encompass any and all damages for which there is no specific value. These tend to include compensation for pain and suffering, loss of enjoyment of life, and loss of consortium in cases of wrongful death. The intention here is to compensate for the physical pain, emotional distress, and mental anguish experienced as a result of the accident.
• Punitive damages. These damages are rare but may be included in cases of particularly egregious negligence. If a driver was driving while intoxicated, excessively speeding, or engaging in any other extremely dangerous or risky driving behavior, a judge may choose to impose additional penalties in an effort to discourage similar future behavior. The intention here is to punish the offender rather than merely compensate the victim.

FAQs

Q: How Much Do Lawyers Take From a Car Accident Settlement in Mount Pleasant, SC?

A: Most attorneys working on personal injury cases, such as a car accident claim, will work on a contingency fee basis. This means they will take a percentage of the final settlement amount, generally one-third. Depending on the details of your case, the complexity of your claim, and the experience of your attorney, that percentage could vary. Typically, you can expect the contingency fee to be between 33%-40%.

Q: How Much Does an Attorney Charge for a Car Accident?

A: While most attorneys in Mount Pleasant, South Carolina, will work on a contingency fee basis, collecting about 33% of the final settlement amount, some attorneys will, instead, choose to charge an hourly rate.

Lawyers charging an hourly rate will generally charge between $156 and $353, but costs can be higher or lower. It is common for those charging an hourly rate to require a retainer, which acts as a prepaid deposit to secure their services. A flat fee is the least common method lawyers use for their services.

Q: Can You Get Compensation if the Accident Was Your Fault in South Carolina?

A: South Carolina follows a comparative negligence rule, meaning that you can still recover damages, even if you share fault in the accident. However, in order to obtain compensation, you must have been less than 50% at fault for the accident. Your final net compensation amount will be adjusted by a percentage commensurate with your percentage of fault. For example, if you are awarded $50,000 but are found to be 20% at fault, then you will net $40,000.

Q: What Is the Maximum You Can Sue for in a Car Accident?

A: When filing a car accident claim, there is no cap on compensatory damages, which include both economic and non-economic damages. Initially, your settlement may be limited by the at-fault driver’s insurance policy. However, through a personal injury claim, you can recover further damages to ensure the full extent of your losses is covered in your settlement. How much you are able to recover will depend largely on the severity of your injuries and the extent of your property damage.

Contact Your Mount Pleasant Car Accident Lawyer Today

If you’ve suffered injuries in a car accident, ensure that you seek full recovery for your damages and hold all liable parties responsible by working with a qualified and experienced car accident lawyer. The team at Axelrod & Associates, P.A., can guide you through the legal process, advocate on your behalf, and fight to ensure you secure the most favorable outcome in your case. Contact our office today to begin with a consultation.