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Making use of the highways surrounding Lancaster could provide you with convenience and expediency during your daily commute. Highways like U.S. Route 521 are full of motorists throughout the day. When these motorists are involved in a crash, the repercussions could be devastating.
Highway car accidents are often severe due to the speed these vehicles travel at. In many cases, the speed limit is as much as 70 miles per hour. Not only do these high speeds lead to significant impacts, but they also increase the risk of cars spinning out of control after two cars collide.
A seasoned Lancaster highway car accident lawyer could assist you in evaluating your options after a collision. If your accident occurred through no fault of your own, you have the right to pursue a lawsuit against the negligent driver. A skilled car accident attorney could be a valuable asset during the claims process. Speak to a diligent attorney to learn about recovering compensation for damages.
Negligence in a Highway Car Accident
Surviving a car accident on a highway does not guarantee a motorist financial recovery. To recover compensation from the other driver involved in the accident, a plaintiff must prove negligence.
Negligence is the legal theory that a person’s careless, reckless, or intentional acts caused injuries to someone else. In a car accident scenario, negligence could involve any form of traffic violation that leads to a crash.
There are four elements a plaintiff must establish to prove negligence. These elements include the duty of care, breach of that duty by the defendant, causation, and damages.
A duty of care must exist for a defendant to face civil liability to another. In certain injury cases like slip and fall accidents, it is not always clear if a duty of care exists. In a highway vehicle crash, this could be less of an issue. Under the law, motorists have a duty to drive safely and avoid collisions.
Proving that a driver has breached their duty of care can involve an array of traffic violations. Any act such as speeding or driving while intoxicated that could cause a crash might be evidence of a breached duty.
A plaintiff must also tie their injuries directly to the breached duty of the defendant. If a defendant is not responsible for a particular injury, they have no duty to provide compensation to the plaintiff for it. Finally, a plaintiff must also prove their injuries have resulted in compensable damages. From medical bills to lost wages, a Lancaster attorney could assist a driver involved in a highway car accident claim.
Shared Fault Between Drivers
The process for pursuing an injury claim is different if the plaintiff is partially at fault for the accident. According to South Carolina Code Section 15-1-300, sharing fault in a highway car accident will not automatically bar a plaintiff from financial recovery. However, any plaintiff that is 51 percent or more at fault may not recover damages. This statute also limits the damage award for a plaintiff by reducing their recovery by their degree of fault. A diligent Lancaster attorney could help a highway car accident injury victim make the case that they were in no way at fault in the crash.
Contact a Lancaster Highway Car Accident Attorney Today
After a highway car accident, the most important step is to ensure your health needs are met. Once you have stabilized your injuries, you could benefit from addressing your legal needs.
A Lancaster highway car accident lawyer at Schiller & Hamilton could provide you with the legal guidance you need to pursue a claim. Call today to get started on your case.