South Carolina is one of the most dangerous places to drive in the United States. South Carolina has one of the highest fatality rates in the nation for automobile accidents. Automobile accidents that kill, injure and/or cause property damage happen daily, if not hourly, in South Carolina.

Although most attorneys consider automobile accident claims routine, that is not always so. Obtaining the best and most just compensation for the victim requires his attorney to have more than routine ability. To handle an automobile accident well, so that the victim gets everything to which he is entitled, an attorney must be able to correctly analyze, assess and anticipate the case’s liability, damages, insurance and expert issues.

Liability Issues: It is a question as old as man, "Who was at fault?" This question must be answered first in any auto accident case. Since the investigating police officer’s opinion of damages is irrelevant, liability must be proved by the Plaintiff by use of photographs of the scene, the cars and the testimony of witnesses and experts. If involved in an accident for which someone else is at fault, be sure that you or someone takes pictures of the cars and the scene and obtains the names and addresses of all witnesses.

Damages: Sometimes the damages the victim sustains require thought and study. This is especially true of physical injuries. Has the victim suffered a physical impairment? Is the impairment temporary or permanent? How great is the impairment? What further medical attention, if any, does the victim need to assess and quantify his injuries? Will the victim be able to return to his job or will he need retraining for a new job? Will the victim need special therapies to regain his previous physical abilities? If the victim cannot regain his previous physical abilities what is the value of that loss? Has the victim suffered a brain injury? If so how will that be proved and quantified as lost future earnings? What have the victim’s spouse and children lost? How is that to be proved? Is the attorney sufficiently acquainted with medical practices and terminology so that he will be able to communicate effectively with the victim’s doctors and gain the doctors’ trust and cooperation for trial? What lost wages has the victim suffered?

Insurance Issues: State law requires that every car be insured by its owner. When someone is injured in a car accident they expect to be reimbursed by the at-fault driver’s insurance company. Sometimes this does not happen. Either they receive no reimbursement or insufficient reimbursement. There are several reasons why this may happen. First, the at-fault driver may have insufficient insurance or no insurance. Unfortunately, many of the worst drivers on the road are driving without insurance. In those situations the victim’s attorney must know how to access the victim’s uninsured and underinsured motorist coverage (UM/UIM) and/or pursue the bad driver’s personal assets to pay for the victim’s damages. Most responsible drivers in South Carolina have UM/UIM insurance coverage but do not really know how it works or how to access it. Sometimes the insurance funds from both parties will be insufficient to cover the victim’s losses. In those situations the attorney will have to attempt to access and liquidate the at-fault driver’s personal assets to reimburse the victim for his losses.

Expert Issues: In certain cases, engineering experts will utilize accident recreation technology to demonstrate how the accident occurred. Such recreations may be used to show fault or to show how the injury actually occurred. Sometimes accounting experts will be needed to show losses of the victim’s income and the present value of that loss. The victim’s attorney must be able to determine when such experts are needed and how to best use them in negotiations with the insurance company and/or at trial.

Statute of Limitations: The law requires that lawsuits against at-fault drivers be brought within a certain time after the date of the accident. If a lawsuit is not brought within 3 years from the date of the accident, you will be forever barred and will not be able to recover from the at-fault party.

Even in cases that are not complicated, the at-fault driver’s insurance company may not be reasonable in its settlement negotiations with either the victim or the victim’s attorney. By their nature and sometimes as a result of company-wide practice, insurance companies will refuse to negotiate reasonably with the victim, believing that it can bully the victim to settle for less than adequate or fair compensation.

If you further questions involving automobile accidents, please contact us.

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