If you’ve been injured in a Charleston car accident, you can file a personal injury lawsuit against the person who caused the accident to obtain an award of damages. Damages may be for pain and suffering or for current and/or expected medical expenses. In a car accident suit, you and your lawyer will try to prove that the driver of the other vehicle caused the accident due to failing to pay attention or take reasonable care.
To prove that a person was not driving with reasonable care, your Charleston car accident lawyer needs to show that there was:
- The legal duty to use care
- A violation of that duty
- A direct relationship between the accident and the injury
Receiving an award depends on what the other person should have anticipated at the time of the car accident and not what actually happened.
Car Accident Duty of Care in South Carolina
Car accident lawsuits generally focus on whether the other person had a duty of care and used care while driving his or her vehicle. A particular standard of care must be met when operating a car. To meet this standard or duty of care, drivers must:
- Operate the vehicle at a reasonable rate of speed
- Keep the vehicle under proper control
- Look out for all situations that could result in an accident
Additionally, auto accident lawsuits in South Carolina also focus on whether the other driver’s actions created an unreasonable risk. Generally, if a risk can be reasonably anticipated, it must be avoided. These days, you see people talking on their cell phones and texting while driving. Driving with such distractions has been shown to be as dangerous as driving and driving. Driver fatigue is another preventable cause of too many car accidents in Charleston, especially those involving truck drivers. None the less, drunk driving accidents are consistently the leading cause in fatal auto accidents.
Charleston Car Accident Law Suit
If you were injured in an accident that was not your fault, you need to talk to a lawyer. The Charleston car accident attorneys at The Clore Law Group LLC has helped injury people recover financial damages for medical expense and pain and suffering. If you were injured in a car accident, call 843-722-8070 for a free consultation.