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Every driver on York County’s roads assumes a duty to protect all other people they may encounter. If a driver fails to provide this protection, and an injury occurs, the at-fault party may be liable to provide compensation to the victim.
However, obtaining this compensation is notoriously difficult. Plaintiff’s must not only provide an accurate accounting of their losses but also protect themselves from allegations that they contributed to the crash. A failure to achieve either of these goals can result in a reduced compensation package or a denial of payment altogether.
A York County car accident lawyer could help you gather evidence in support of a negligence claim against the at-fault driver. An experienced personal injury attorney could work to explain the laws as they apply to your case and seek appropriate compensation from all at-fault parties.
Working to Demonstrate Defendant Negligence
Most car accident claims rely on the cause of action called negligence. In short, a defendant is negligent if they fail to take appropriate care to drive safely, and an injury occurs.
The most direct way to prove negligence is to obtain evidence that a defendant violated a rule of the road. Common examples include:
- Speeding
- Following too closely
- Failing to yield
- Texting while driving
- Failing to stop at an intersection
Proof that a defendant received a conviction in traffic court is powerful evidence of negligence. However, it still may not lead to a full recovery for a person’s losses. Courts in York County use a concept called comparative negligence to assign blame after an accident. According to SC Code §15-38-10, if a court believes that a plaintiff was partially responsible for an accident, that court must reduce a plaintiff’s award. As a result, it essential to both prove the defendant’s negligence and also defend one’s own choices leading up to the collision. A York County car accident attorney could help to gather the evidence needed to show that a defendant was the only person liable for the car accident.
Pursuing Claims for all Appropriate Damages
Car accidents in York County can result in a variety of serious physical injuries. Even at relatively low speeds, collisions between vehicles can result in:
- Severe neck or back injuries
- Separated joints
- Broken bones
- Head trauma
Many victims will be fortunate enough to make a full recovery after these injuries. However, in more serious situations, people may face lingering complications or permanent disabilities.
In any event, a claim for damages following a car accident case must evaluate the total impact of the incident on a plaintiff’s life. This means demanding payments for medical care, reimbursement for any lost wages, and compensation for any mental trauma or lost quality of life.
A York County car accident lawyer could help to measure a person’s losses following a car accident. They could then present those losses to a defendant’s insurance company and demand fair payment. A plaintiff’s goal should be to obtain the compensation needed to make them whole again, and a York County car crash lawyer could help to pursue that goal.
A York County Car Accident Attorney Could Fight for You
Any person who suffers an injury because of the negligence of another party has the right to demand full compensation for their losses. Pursuing fair payment is a difficult and complicated task, however, so many victims choose to retain an experienced attorney for help.
Insurance companies like to negotiate with unrepresented plaintiffs who may not be able to effectively promote their claims. This can result in a settlement for a fraction of its true value or a total denial of a case.
A York County car accident lawyer could help to protect your rights and fight for your interests. They could work diligently to gather evidence concerning the actions of all involved parties, explain the laws that affect your claim, and demand fair payments every step of the way. Call Schiller & Hamilton today to discuss your case.