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Almost any car accident can cause property damage and physical injury, but head-on collisions have some of the most consistently dangerous outcomes. Even at low speeds, a front-end car crash can result in severe whiplash, contusions, and lacerations. At higher speeds, these incidents are often fatal.
If you were injured in a head-on collision, you should consider seeking help from a Fort Mill front-end car accident lawyer as soon as possible. Without guidance from an experienced car accident attorney, you may have a difficult time proving liability and recovering compensation for your injuries.
Establishing Negligence and Liability in an Auto Wreck Claim
In a car accident case, the injured party must prove the other driver acted carelessly or recklessly and caused the crash. Civil plaintiffs filing personal injury suits must prove the following elements of legal negligence:
- The defendant, or another driver, owed the injured party a duty of reasonable care
- The defendant breached their duty of care
- The accident occurred as a direct result of the defendant’s breach of duty
- The plaintiff suffered damages as a direct result of that accident.
All drivers on public roads owe a duty of care to other motorists and pedestrians. However, defendants often argue that their actions did not directly cause the car crash. Drivers may also attempt to prove the accident did not cause the claimant’s injuries.
When attempting to prove negligence, it is important to collect all relevant documents, including witness testimonies, police reports, and photos or videos from the scene of the accident. A local attorney who focuses on front-end accidents could help a claimant collect evidence and prove liability.
Potential Obstacles to Recovering Damages in Fort Mill
If the plaintiff cannot prove a third party was negligent, they cannot recover monetary damages. Additionally, if a court finds the plaintiff more than 50 percent responsible for their injuries, they can be barred from receiving compensation.
Comparative Negligence
An injured party may be able to recover partial damages if they were no more than 50 percent at fault. Legal precedent permits a court to reduce the injured party’s damage award by the percentage of fault they bear.
Statute of Limitations
All personal injury cases in the state have a filing deadline. According to South Carolina Code of Laws §15-3-530, the statute of limitations for filing a car crash claim is three years from the date of injury. A head-on collision lawyer in the area could warn potential plaintiffs of anything that could prevent them from recovering damages.
Learn More from a Fort Mill Front-End Car Accident Attorney
If you were recently injured in a front-end collision, you may be able to pursue legal action. A skilled legal professional could help you prove liability and hold the negligent third party financially responsible for your losses.
Retaining a Fort Mill front-end car accident lawyer could put help you achieve a successful outcome from civil litigation. Call Schiller & Hamilton today to set up a meeting to discuss your unique case.