South Carolina Traffic Accident Risks Highest in Nation
South Carolina roads are some of the nation’s deadliest, and the problem is not getting any better. As the Independent Mail reported, “High numbers of fatalities on Upstate roads are fast becoming the norm in a state known for high numbers of traffic fatalities.” Last year, South Carolina was the deadliest state by a wide margin for deaths per mile traveled.
Safe Summer Travel – Avoid Common, Preventable, Dangers
Distracted driving, drunk driving, failure to wear a seat belt, and the growing opioid addiction crisis were all cited as reasons for the deadly road risks, as were poor road conditions and heavy traffic.
Our Hilton Head accident attorneys know the risks are not likely to reduce as we head into the summer travel season. Making a serious commitment to safe driving can keep you and your family safer on the road while helping to avoid the potential liability of causing a traffic collision.
Liability for Traffic Collisions in South Carolina
It’s up to injured motorists to assert their rights in the wake of a motor-vehicle collision. As a plaintiff, an injured party must prove a civil case against an at-fault driver. Even in cases where a negligent driver is cited for a traffic violation, accident victims receive no favor unless they pursue a claim for damages.
Our injury attorneys in Beaufort, Bluffton and Hilton Head believe anyone dealing with a serious or fatal car accident deserves immediate access to experienced legal help. We offer free consultations and charge no fee unless we are successful in obtaining a financial recovery on your behalf.
Proving a negligence case requires the plaintiff to show that the defendant violated a duty of care, that causal connection exists between the defendant’s conduct and the plaintiff’s harm, that the harm was foreseeable as a consequence of the defendant's actions (proximate cause), and that plaintiff suffered damages.
Since 1991, South Carolina has recognized modified comparative negligence. Nelson vs. Concrete Supply Co. 303 S.C. 243, 399 S.E.2d 783 (1991), established the rule, which permits plaintiffs to pursue damages if less than half at fault. That means that even if you are partially at fault for a crash, you can still recover, although your recovery will be reduced.
Determining fault and identifying insurance coverage is a critical step in drafting a demand for damages. So is calculating damages, which includes not only medical bills and lost wages, but things like pain and suffering and future cost of medical care. An experienced personal injury lawyer in South Carolina can be invaluable on both fronts. In the event of a traffic accident, contact Twenge + Twombley Law Firm for a free consultation.