Car accidents, including rear-end collisions, intersection accidents, sideswipe collisions, and head-on crashes, frequently happen when other drivers fail to watch the road attentively, drink and drive, or commit other traffic law violations. You may be eligible for compensation if you sustained injuries in one of these accidents.
A skilled car accident lawyer will take the time to carefully evaluate your case, determine your legal options, and pursue the full compensation you deserve. Never wait to schedule a free case evaluation with a trusted law firm near you.
Common Types of Collision and How They Happen
Car crashes can be broadly categorized, each stemming from different scenarios and often resulting from the negligence of one or more drivers.
One common type is the rear-end collision. This occurs when one vehicle crashes into the back of another. These accidents often happen due to the trailing driver’s inattention, distraction, or failure to maintain a safe following distance. For example, if a driver is texting and doesn’t notice that the car in front has stopped, they can easily cause a rear-end crash.
Another type is the side-impact collision, also known as a T-bone collision. This happens when the front of one vehicle strikes the side of another, usually at an intersection. Negligence here often involves one driver running a red light or failing to yield the right-of-way. If a driver is speeding through an intersection and disregards a stop sign, they can T-bone another car that is crossing legally.
Head-on collisions are among the most severe types of accidents. These occur when the front ends of two vehicles collide. This type of collision usually results from one driver crossing the opposite lane, which can happen due to drowsiness, intoxication, or distracted driving. A driver who falls asleep at the wheel or is impaired by alcohol may drift across the center line, leading to a catastrophic head-on collision.
Lastly, sideswipe collisions occur when two vehicles traveling in the same direction make contact. These accidents often result from one driver not checking their blind spot or failing to signal a lane change. For instance, if a driver abruptly changes lanes without looking, they may sideswipe a car already occupying that lane.
If you suffered injuries in one of these car crashes, an experienced car accident lawyer in your area can investigate the circumstances and determine your eligibility for filing a claim or lawsuit.
Common Injuries that Individuals May Suffer in a Car Crash
Car crashes resulting from negligent drivers can lead to a wide range of injuries, varying from minor to severe – and sometimes even fatal.
- One of the most frequent injuries in car accidents is whiplash. This occurs when a driver or passenger’s neck is suddenly and forcefully jerked back and forth, causing strain or sprain to the neck muscles and ligaments. Whiplash often results from rear-end collisions, where the impact causes the victim’s head to move violently. Symptoms often include neck pain, stiffness, and severe headaches.
- Another common injury is fractures – or broken bones. The force of a car crash can easily break bones, particularly in the arms, legs, ribs, and collarbone. For instance, in a side-impact collision, a driver’s arm or leg may be crushed against the car door, leading to fractures. Broken bones can require extensive medical treatment, including surgery and physical therapy.
- Head injuries are also common in car accidents. These can range from minor concussions to severe traumatic brain injuries (TBIs). Concussions occur when the brain is jolted inside the skull, often leading to headaches, dizziness, and confusion. More severe TBIs can result from a direct blow to the head, potentially causing long-term cognitive and physical impairments. Head injuries are particularly dangerous because their symptoms may not be readily apparent.
- Spinal cord injuries can have life-altering consequences. These injuries happen when the spinal cord is damaged, potentially leading to partial or complete paralysis. The severity depends upon the location and extent of the injury. Spinal cord injuries often occur in high-impact crashes, such as head-on collisions, and can leave victims with permanent impairments.
- Internal injuries are another serious concern. The force of a car crash can cause internal bleeding or may damage various internal organs, requiring immediate medical attention.
- Lastly, emotional and psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, and depression, are also common in car crashes. The trauma of the accident – coupled with the physical injuries – can significantly affect a victim’s mental health and quality of life.
Steps of Settling a Car Accident Case in South Carolina
Settling a car accident case involves several steps, and having an experienced lawyer on your side can significantly ease the process and ensure fair compensation. Here’s a look at the typical steps and how a knowledgeable lawyer can help.
- Gathering evidence after an accident is crucial. This includes retaining all relevant documentation and obtaining a copy of the police report. A lawyer can assist in gathering and preserving this evidence, which is vital for building a strong case.
- Always seek ongoing medical treatment. You must attend all recommended medical appointments and physical therapy sessions. Medical records provide crucial evidence of the injuries sustained. A lawyer can help by recommending medical professionals who regularly treat car accident injuries and ensuring that all medical documentation is thorough and complete.
- You should also notify your insurance company, even if you were not to blame. You might need to use your UM/UIM coverage or other policies if an at-fault claim is inadequate. While you must inform your insurer about the accident, it’s wise to avoid detailed statements until you consult a lawyer. Insurance adjusters may try to minimize the claim, but a lawyer can handle communications, ensuring you don’t inadvertently say something that can harm your case.
- Then comes evaluating damages. This includes calculating medical expenses, lost income, property damage, and pain and suffering. A lawyer can accurately assess these damages, often consulting experts to consider all costs. This ensures that you seek the full amount of compensation you deserve.
- The next step is negotiating a settlement. Insurance companies often offer low initial settlements to save money. A skilled car accident lawyer can negotiate on your behalf, leveraging their knowledge of the law and experience with similar cases to push for a fair settlement. If the insurance company is unwilling to offer a reasonable amount, your lawyer can prepare to take the case to court.
- If negotiation fails, the final step is filing a lawsuit and going to trial. This involves preparing legal documents, gathering additional evidence, and presenting the case before a judge or jury. A lawyer’s knowledge is invaluable here, as they understand court procedures, legal strategies, and how to effectively argue your case to achieve the best result.
Important Evidence in Car Accident Cases in SC
Presenting solid evidence is necessary in a car accident case to establish fault and secure fair compensation. The following types of evidence are particularly important.
- Photographs and videos are some of the most compelling forms of evidence. Pictures and videos of the accident scene can provide a clear visual record of vehicle damage, road conditions, weather, traffic signals, and any skid marks or debris. These visuals can help recreate the accident and demonstrate the collision's severity. It’s important to capture images from multiple angles and distances.
- Police reports are another critical piece of evidence in a car accident case. When police officers arrive at an accident scene, they document their observations, interview witnesses, and sometimes even note who they believe is at fault. The police report often includes important details such as the date, time, location, and officers’ professional assessment of the accident. While not always admissible in court as direct evidence, police reports can significantly influence settlement negotiations.
- Witness statements provide an unbiased account of what happened. Witnesses can describe how the accident occurred, what they saw, and any behaviors of the drivers involved before, during, and after the crash. Statements from credible witnesses can corroborate your version of events and strengthen your case.
- Medical records are essential for proving the extent and effect of injuries. These records include diagnoses, treatment plans, and notes from healthcare providers. They provide a timeline of the injuries, document the required medical interventions, and offer a prognosis for recovery. Medical records can also illustrate the pain and suffering endured as a result of the accident.
- Expert testimony can also play a vital role – especially in complex cases. Experts, such as accident reconstructionists, can analyze evidence to determine how the accident occurred and who was likely at fault. Medical experts can testify about the extent and future implications of injuries. These professionals can provide objective, authoritative opinions that help to clarify complicated issues.
- Surveillance footage from nearby cameras can also be invaluable. Traffic cameras, security cameras from businesses, or even dashboard cameras from other vehicles can capture the accident as it happens. This footage can provide an unbiased, real-time account of the events leading up to and during the collision.
- Finally, vehicle damage reports offer insight into the collision’s impact. These reports detail the extent of the damage to each vehicle and can help show the force of the impact and the point of collision, which can be crucial for determining fault.
These types of evidence all help build a strong case by providing a comprehensive view of the accident and its consequences.
Types of Damages for Car Accident Injuries
When you’re involved in a car accident resulting from another driver’s negligence, you can seek various damages to cover the losses and injuries you’ve sustained. These damages fall into several categories, each addressing different aspects of your experience and recovery needs.
- Medical expenses are often the most immediate and substantial costs. You can recover the expenses for hospital stays, surgeries, doctor visits, physical therapy, medications, and any future medical treatments related to the car accident. This also includes costs for any necessary medical equipment, like wheelchairs or braces.
- Compensation should cover the income you lost while recovering from the accident. If your injuries prevent you from working temporarily or permanently, you can recover the income you should have earned during that time. In cases where the injury results in a long-term disability, you may also claim loss of future earning capacity.
- Property damage includes repairs to or replacement of your vehicle and any other personal property damaged in the accident. This covers the cost to fix your car or, if the car is totaled, its market value. Other personal items, like a smartphone or laptop damaged in the crash, can also be included.
- Pain and suffering address the physical pain and emotional distress resulting from the car accident. This type of damage is more subjective and can vary widely depending upon the severity of your injuries and their effect on your daily life. Pain and suffering cover ongoing pain, mental anguish, anxiety, and any decline in your quality of life.
- Loss of consortium is available to the injured party's spouses or family members. It compensates for the loss of companionship, affection, and support that the injured person can no longer provide due to their injuries. This can be particularly relevant in cases of severe injury or disability.
- Punitive damages might be available in cases where the other driver’s behavior was especially reckless or malicious. Unlike compensatory damages, which aim to make you whole, punitive damages aim to punish the negligent driver and deter similar behavior in the future. These are less common and are typically awarded only in extreme cases.
Each of these damage categories addresses different aspects of the harm you’ve suffered, ensuring you receive compensation for both the tangible and intangible effects of the car accident.
Talk with an Experienced South Carolina Car Accident Lawyer about Your Legal Matter Today
If you sustained injuries in a collision due to another driver’s negligence, a skilled car accident lawyer can represent you throughout your case. Your attorney can handle all negotiations with insurance company representatives for you – or litigate your case in the court system – to achieve an efficient and favorable resolution.
Seek your free consultation with a trusted personal injury attorney in your area now.
