Being involved in a car accident can be extremely difficult, especially when your accident results in a lawsuit. Although auto insurance policies will usually cover injuries resulting from a car accident, it’s possible that you may need to file a lawsuit to get the compensation that you deserve. However, if you’ve never been involved in a car accident lawsuit before, it can be hard to know what to expect or the best way to win your case.
Fortunately, car accident cases are not as hard as you might think, especially when you are prepared for the process. Learn what you can expect from your auto accident case, and find out how hiring a South Carolina car accident attorney can make winning your compensation much easier.
How Fault is Determined
In the majority of states, the key to winning your auto accident case is proving the fault of the other driver. Without proving that the other driver directly caused your accident, it will be extremely difficult to assign liability and win your compensation.
When you’re trying to prove fault, there are three things you must demonstrate. First, you will need to show that the other driver had a legal duty to act responsibility. This is easy because every driver on the road has a duty to protect other drivers. Second, you must prove the other driver failed to uphold this responsibility by operating their car negligently and causing a wreck. Finally, you will provide evidence that your accident resulted in injuries.
If you can prove these three factors, you should be able to win your car accident case.
What About Shared Fault?
Some states allow for shared fault. This means that both parties are responsible in some way for the car accident. Shared fault takes three forms, which you need to know about to get an idea how your compensation might be affected.
In states that use pure comparative fault, a percentage of blame will be assigned to both drivers. This means that each injured party can make a claim against the other’s insurance, and their claim amount will be based on their fault percentage.
Modified Comparative Fault
In states that use modified comparative fault, you can only receive damages if you are less than 50% responsible for the auto accident.
In states that use contributory negligence, if you contributed to the accident in any way, you will not be able to collect damages.
Learn About No-Fault States
A very small amount of states operate under a no-fault system. In a no-fault state, you will automatically file a claim against your own insurance policy instead of filing a third-party claim. This is true even if you were not responsible for the accident. Also, it is very difficult to file an auto accident case in a no-fault state. Generally, the only time you will be able to file a lawsuit is if your injuries are very serious or the monetary impact of your wreck is very high.
Contact an Auto Accident Attorney
If you are considering filing a lawsuit after a serious car accident, then you need the advice of a car accident attorney from Harris and Graves, P.A. By working with a Harris and Graves attorney, you’ll be increasing the chances of winning your case and getting your compensation.
Contact Harris and Graves today.