If you’ve been injured in a car accident that wasn’t your fault in Greenville, South Carolina, you’re likely facing a challenging period. The aftermath of a car wreck can be overwhelming, with mounting medical bills, vehicle repair costs, and the pain from your injuries impacting your daily life. During this difficult time, a skilled car wreck lawyer in Greenville, SC, can be an invaluable ally, helping you navigate the complexities of your claim and fight for the compensation you deserve.
At HawkLaw, our experienced car wreck attorneys are dedicated to supporting individuals like you who have been injured due to someone else’s negligence. We understand the significant physical, financial, and emotional burdens that car accidents can impose, and we are committed to guiding you through the legal process to recover the maximum compensation for your losses.
Key Points to Remember:
- South Carolina operates under a fault-based car insurance system, meaning the driver responsible for the accident is also financially liable for the resulting damages.
- Greenville, SC, applies the principle of modified comparative negligence. This means that if you are found to be partially at fault for the accident, your compensation may be reduced proportionally. However, if you are deemed to be more than 50% at fault, you may be barred from recovering any compensation.
- In South Carolina, the statute of limitations for filing a car accident lawsuit is three years from the date of the crash. It’s crucial to seek legal counsel promptly to ensure your claim is filed within this timeframe.
- HawkLaw provides specialized legal assistance for individuals injured in rideshare accidents in and around Greenville, addressing the unique aspects of these cases.
- Engaging a car wreck lawyer can be crucial in establishing fault accurately and protecting you from being unfairly held responsible for medical expenses and other damages.
- HawkLaw offers a contingency fee arrangement, which means your initial consultation is free, and you only pay attorney fees if we successfully recover compensation for you.*
Car Wreck Attorney Near Greenville, SC
Our HawkLaw office is strategically located in Greenville, providing convenient access for clients throughout the area. You can find us at 3 Caledon Ct # A, Greenville, SC – 29615. If you’re traveling southeast on Pelham Rd, simply turn left onto Caledon Ct, and our office will be on your right.
Our accessible location is also well-served by public transportation, with multiple bus routes nearby, making it easy to reach us from anywhere in Greenville. We are also situated near prominent local landmarks such as the Greenville Zoo, Falls Park on the Reedy, and the Greenville County Museum of Art.
Understanding South Carolina Car Accident Laws
Negligence is a central element in South Carolina car accident law, playing a crucial role in determining who is liable for a car accident. South Carolina adheres to a modified comparative negligence system, meaning that if you are partially responsible for the accident, your potential compensation will be reduced. For instance, if you are found to be 30% at fault for a car accident in Greenville, the compensation you can recover will be capped at 70% of your total damages. Critically, if your degree of fault exceeds 50%, you will not be eligible to recover any damages.
Key Traffic Laws in Greenville, SC
South Carolina’s traffic laws, detailed in Title 56 of the South Carolina Code of Laws, are designed to ensure road safety. Important regulations include:
- S.C. Code Ann. § 56-5-3230 (Duty of Due Care): This statute mandates that drivers must always exercise reasonable care to prevent collisions with other vehicles or pedestrians. Extra caution is required around vulnerable individuals like children, the elderly, or those who appear to be impaired.
- S.C. Code Ann. § 56-5-1930 (Following Too Closely): Drivers are legally obligated to maintain a safe following distance from the vehicle ahead. This distance should be adjusted based on speed, traffic volume, and weather and road conditions.
- S.C. Code Ann. § 56-5-2920 (Reckless Driving): Operating a vehicle with a reckless disregard for the safety of others is strictly prohibited and encompasses both intentional dangerous actions and decisions made with extreme carelessness.
- S.C. Code Ann. § 56-5-1810 (Driving on the Right Side of Roadway): South Carolina law requires vehicles to be driven on the right side of the road except in specific circumstances, such as overtaking a slower vehicle, avoiding obstructions, or using designated lanes on multi-lane highways.
- S.C. Code Ann. § 56-5-1900 (Improper Lane Usage): Drivers must stay within their designated lane as much as possible and only change lanes when it is safe to do so and after signaling appropriately.
- S.C. Code Ann. § 56-5-950 (Disobedience to Traffic Control Devices): All traffic signs and signals are presumed to be lawfully placed and must be obeyed by drivers, with limited exceptions only for emergency vehicles under specific conditions.
- S.C. Code Ann. § 56-5-2320 (Yielding Right-of-Way When Turning Left): When making a left turn at an intersection, or into an alley, private road, or driveway, drivers must yield the right-of-way to any oncoming vehicle that is within the intersection or approaching closely enough to pose an immediate hazard.
- S.C. Code Ann. § 56-5-3130 (Failure to Yield to Pedestrians in Crosswalks): Drivers are required to yield the right-of-way to pedestrians within marked crosswalks or unmarked crosswalks at intersections, taking precautions such as slowing down or stopping to ensure pedestrian safety.
- S.C. Code Ann. § 56-5-2930 (Driving Under the Influence – DUI): It is illegal to operate a vehicle while under the influence of alcohol or any drugs, including prescription medications, that impair driving ability.
- S.C. Code Ann. § 56-5-1220 and 1230 (Hit and Run): In the event of a car accident, drivers are legally obligated to stop at the scene or as close as safely possible, and provide reasonable assistance to any injured parties, including arranging for medical transport if necessary. Leaving the scene of an accident without fulfilling these duties is a serious offense.
Car accident lawyer reviewing documents near damaged vehicle in Greenville, SC
What a Greenville Car Wreck Lawyer Does For You
A car wreck lawyer is critical in helping injury victims understand their rights and pursue just compensation after an accident. A dedicated lawyer acts as your advocate, managing all legal aspects of your claim. Here’s how a car accident lawyer can assist you:
- Evidence Gathering and Investigation: A lawyer will conduct a thorough investigation, gathering crucial evidence like police reports, witness statements, and accident scene details to build a strong case.
- Damage Assessment: They will meticulously evaluate the full scope of your injuries and property damage to accurately determine the total compensation you are entitled to receive.
- Insurance Negotiation: Your lawyer will handle all communications and negotiations with insurance companies, striving to reach a fair settlement that fully covers your losses and protects you from unfair tactics by insurance adjusters.
- Legal Paperwork and Filings: They will prepare and file all necessary legal documents, including insurance claims and court filings, ensuring compliance with all legal procedures and deadlines.
- Court Representation: If a settlement cannot be reached through negotiation, your attorney will represent you in court, advocating for your rights and presenting a compelling case to a judge or jury.
- Legal Guidance and Support: Throughout the entire process, your lawyer will provide clear legal advice, explaining your rights and options at each step, and offering support to help you make informed decisions.
- Long-Term Impact Consideration: A skilled lawyer considers both immediate and future losses, such as ongoing medical care and lost earning capacity, to ensure the compensation sought is comprehensive and covers all potential long-term needs.
- Protection from Opposing Parties: They will manage all interactions with the at-fault party and their legal team, protecting your interests and ensuring your statements are not used against you.
Determining Fault in a Greenville Car Accident
Establishing fault is a primary step after a car accident. In South Carolina, being a fault-based insurance state, the person responsible for causing the accident is also responsible for covering the resulting damages. Therefore, proving fault is essential to recovering compensation.
When you report your accident, you will need to exchange insurance information with the other driver. Typically, you will file a claim with your own insurance company, which then seeks to recover costs from the at-fault driver’s insurance. The insurer will then assess the claim and may offer a settlement based on the damages you have incurred.
However, insurance companies may sometimes offer settlements that are insufficient, or they might deny claims altogether. If you believe the settlement offered is inadequate, or if your claim is denied, you have the option to pursue a lawsuit against the at-fault driver. A Greenville car wreck attorney can evaluate your situation, explain your legal options, and help you develop a strategy to achieve your goals for compensation.
Recovering from a Car Wreck in Greenville: Understanding Compensation
When considering filing a car accident lawsuit, understanding the types of compensation you can claim is crucial. Calculating the full value of your claim can be complex, especially while you are still recovering from your injuries and dealing with the stress of the accident. Legal representation can be invaluable in accurately assessing your damages and fighting to recover them from the liable party.
It is important to account for both your immediate and long-term losses, including not only financial costs but also the emotional and psychological impacts of the accident. A Greenville auto accident lawyer can help you identify and document both economic and non-economic damages to build a strong case for maximum recovery.
Economic Damages: These are tangible, financial losses that can be directly quantified and proven with documentation. Economic damages in a car accident claim can include:
- Medical Expenses: All costs related to medical treatment, including hospital stays, surgeries, doctor visits, physical therapy, medications, and future medical care needs.
- Property Damage: Costs to repair or replace your damaged vehicle and any other personal property damaged in the accident.
- Lost Income: Wages lost from time taken off work for medical treatment, recovery, and any future loss of earnings if your injuries impact your ability to work.
- Loss of Earning Capacity: If your injuries result in a reduced ability to earn income in the future, you can claim compensation for this diminished earning potential.
- Out-of-Pocket Expenses: Other accident-related costs, such as transportation to medical appointments, assistive devices, and home modifications required due to your injuries.
Non-Economic Damages: These damages are less tangible and relate to the subjective impacts of the accident on your life. Non-economic damages are designed to compensate you for:
- Pain and Suffering: Physical pain and emotional distress endured due to your injuries and the accident itself.
- Mental Anguish: Psychological trauma, anxiety, depression, and other emotional suffering resulting from the accident.
- Loss of Quality of Life: Compensation for the diminished enjoyment of life and inability to participate in activities you once enjoyed due to your injuries.
- Loss of Consortium/Companionship: In cases of severe injury, a spouse may claim for loss of companionship, affection, and marital relations.
- Disability and Permanent Impairment: Compensation for any permanent physical disabilities or impairments resulting from the accident.
- Loss of Enjoyment of Life: Similar to loss of quality of life, but specifically focuses on the loss of pleasure and satisfaction from life’s activities.
Why Hiring a Car Accident Lawyer is Essential
Engaging a Greenville auto accident lawyer after a car crash offers significant advantages that can greatly impact the outcome of your claim. While some individuals may hesitate to involve legal counsel, doing so is often the most effective way to ensure you receive fair compensation for medical bills, emotional distress, disfigurement, and other damages.
A car accident lawyer provides crucial assistance throughout the claims process by:
- Establishing Legal Fault: Expertly investigating the accident to accurately determine who was at fault, which is fundamental to a successful claim in South Carolina’s fault-based system.
- Building a Robust Legal Case: Collecting and organizing all necessary evidence, including police reports, witness testimonies, medical records, and expert opinions, to construct a strong and persuasive case.
- Aggressively Negotiating for a Fair Settlement: Skillfully negotiating with insurance companies and at-fault parties to fight for a settlement that truly reflects the full extent of your damages, often countering tactics designed to minimize payouts.
Building a Strong Case for Compensation
A thorough investigation is the foundation of any car accident case. A lawyer will undertake extensive research to gather all pertinent evidence, including:
- Interviewing witnesses to get firsthand accounts of the accident.
- Gathering physical evidence from the accident scene.
- Obtaining official police reports and accident reconstruction analyses.
- Securing your complete medical treatment records to document the extent of your injuries and required care.
- Consulting with accident reconstruction experts or medical professionals if needed to strengthen your claim.
- Managing all necessary legal filings and paperwork to ensure compliance and protect your claim’s integrity.
Fighting for a Just Settlement Against Insurance Companies
When pursuing a car accident claim, the primary challenge often comes from dealing with insurance companies. Insurance adjusters are trained to minimize payouts and protect their company’s profits. A car accident lawyer acts as your advocate, leveling the playing field and protecting you from insurance company tactics. Your lawyer will:
- Act as your primary point of contact with the insurance company, shielding you from potentially harmful communications.
- Understand insurance company tactics and use proven strategies to counter them effectively.
- Negotiate aggressively, using evidence and legal arguments to push for a settlement that adequately compensates you.
- Be prepared to take your case to court if necessary, demonstrating to the insurance company that you are serious about pursuing fair compensation.
How a Car Accident Lawsuit Works in Greenville, SC
Filing a car accident lawsuit can seem daunting, but understanding the process can alleviate anxiety and empower you to take action. The process generally includes these key stages:
- Evidence Collection and Documentation: Gathering all relevant evidence, including accident reports, medical records, witness statements, and proof of lost income and other damages.
- Insurance Claim Filing: Initially, a claim is filed with the at-fault party’s insurance company to seek a settlement through negotiation.
- Lawsuit Filing: If settlement negotiations are unsuccessful, a formal lawsuit is filed in civil court within the statute of limitations.
- Discovery Phase: Both sides exchange information, including documents, interrogatories (written questions), and depositions (oral testimonies under oath).
- Negotiation and Mediation: Further settlement negotiations may occur, often including mediation where a neutral third party assists in reaching an agreement.
- Trial (If Necessary): If no settlement is reached, the case proceeds to trial, where evidence is presented to a judge or jury who will decide the outcome.
Establishing negligence is central to car accident lawsuits in South Carolina. Your car wreck lawyer will work to demonstrate that the other party acted negligently, meaning they failed to exercise reasonable care, and that this negligence directly caused the accident and your resulting injuries. A skilled attorney will meticulously build your case to prove negligence, enhancing your chances of a favorable outcome and minimizing any potential apportionment of fault to you under South Carolina’s comparative negligence rules.
Common Causes of Car Accidents in Greenville, South Carolina
Car accidents in Greenville, SC, often result from a combination of factors, but some causes are more prevalent than others. Understanding these common causes can highlight risks and emphasize the importance of safe driving practices.
- Distracted Driving: Engaging in any activity that diverts attention from driving, such as using cell phones, texting, eating, or adjusting in-car entertainment systems. Distractions significantly impair reaction times and awareness, increasing accident risks.
- Driving Under the Influence (DUI): Alcohol and drug impairment severely diminishes a driver’s coordination, judgment, and reaction time, making DUI a leading cause of serious car accidents.
- Speeding: Exceeding posted speed limits or driving too fast for conditions reduces a driver’s ability to control the vehicle and increases both the likelihood and severity of accidents.
- Drowsy Driving: Operating a vehicle while fatigued impairs cognitive functions and reaction times, similar to the effects of alcohol. The National Safety Council reports that fatigued drivers are significantly more likely to be involved in accidents.
- Aggressive Driving: Behaviors such as speeding, tailgating, running red lights, and erratic lane changes create dangerous conditions and heighten the risk of collisions.
Common Injuries from Car Accidents in Greenville, SC
Car accidents can lead to a wide range of injuries, from minor to catastrophic. Seeking prompt medical attention and understanding common injury types is crucial for recovery and legal claims. Common car accident injuries include:
- Traumatic Brain Injuries (TBIs): Head injuries ranging from concussions to severe brain damage can result in long-term cognitive, physical, and emotional impairments.
- Whiplash: Neck injuries caused by sudden, forceful neck movements, often resulting in pain, stiffness, and limited mobility.
- Bone Fractures: From minor fractures to complex breaks, these injuries can require extensive medical treatment, including surgery and rehabilitation.
- Spinal Cord Injuries: Damage to the spinal cord can lead to paralysis, loss of sensation, and other debilitating conditions, significantly impacting quality of life. Common spinal injuries from car accidents can be life-altering.
- Internal Bleeding: Often life-threatening, internal bleeding requires immediate medical intervention and can result in serious complications if not promptly treated.
- Burns: Caused by fire, chemicals, or friction, burns can range from superficial to severe, leading to intense pain, scarring, and long-term health issues.
The forces involved in car accidents, even at moderate speeds, can cause significant physical trauma. While safety features like seatbelts and airbags are crucial for survival, they may not prevent all injuries. Therefore, seeking immediate medical evaluation after a car accident is paramount, regardless of how you feel initially. Your health is the top priority, and prompt medical care is essential for proper diagnosis and recovery.
Why Choose HawkLaw as Your Greenville Car Wreck Lawyer?
HawkLaw has been a trusted legal resource in South Carolina for over two decades, providing dedicated service and achieving favorable outcomes for our clients. Our extensive experience encompasses various personal injury case types, with a strong focus on representing victims of motor vehicle accidents. We prioritize a client-centered approach, offering personalized legal strategies, clear and consistent communication, and an unwavering commitment to achieving the best possible results in every case.
As a forward-thinking, digital-first law firm, we streamline the client intake process, allowing you to initiate your case online from the comfort of your home. This saves you time and provides immediate access to our legal services. Our car wreck attorneys work on a contingency fee basis, meaning you pay no upfront costs, and we only get paid if we win your case.* This fee structure ensures that legal representation is accessible to everyone, regardless of their financial situation, and allows you to concentrate on your recovery while we handle the legal complexities.
Get the Help You Deserve from a Greenville Car Wreck Lawyer | Contact HawkLaw Today
If you’ve been injured in a car accident due to someone else’s fault, you may encounter resistance from the responsible parties or their insurance providers who may try to minimize your compensation or shift blame. Without proper legal representation, navigating this complex process and fighting for your rights can be extremely challenging.
Don’t face the aftermath of a car wreck alone. Contact a Greenville car wreck lawyer at HawkLaw for dedicated legal support. We understand the immense stress and hardship a car accident can cause, and we are here to alleviate your burden and advocate fiercely on your behalf.
Let us help you fight for the justice and compensation you deserve.
Unsure of where to begin? Reach out to HawkLaw now for a free, no-obligation consultation.* A Greenville car accident lawyer is ready to discuss your case, answer your questions, and explain how we can help you move forward. Contact us today to take the first step towards recovery and rightful compensation.
Frequently Asked Questions
How is Fault Determined in a Car Accident?
Fault determination depends on the specifics of the accident and the evidence available. In rear-end collisions, for example, the rear driver is often presumed at fault. However, in T-bone accidents or intersection accidents, determining fault may require witness statements, traffic camera footage, and analysis of traffic laws to ascertain who violated right-of-way rules. A thorough investigation is crucial to accurately determine fault.
Can I Sue After a Single-Vehicle Accident?
Yes, you can pursue legal action even in a single-vehicle accident. While no other driver is involved, the accident may have been caused by other factors such as a defective vehicle part, hazardous road conditions, or improper road maintenance. In such cases, liability may lie with the vehicle manufacturer, a parts supplier, or government entities responsible for road maintenance. A lawyer can investigate to determine if a third party’s negligence indirectly caused the accident and pursue a claim against the responsible party.
What if I Was Injured in a Rideshare Accident?
If you were injured while using a rideshare service like Lyft or Uber, it’s important to consult with a Greenville rideshare accident lawyer promptly. Rideshare accidents often involve complex insurance issues and liability considerations. You may be entitled to compensation from the rideshare driver, the rideshare company, or other at-fault parties. Seeking legal advice specific to rideshare accidents is essential to protect your rights and navigate the claims process effectively.
Visit Our Greenville Office
HawkLaw, P.A.
3 Caledon Ct # A
Greenville, SC 29615
Phone: +1 (864) 514-4383
John D. Hawkins
Founder and CEO
John Hawkins, the Founder and CEO of HawkLaw, has been practicing law in South Carolina since 1994. He graduated with honors from the University of South Carolina School of Law, where he was a member of the Law Review and Order of Wig and Robe.