Car Accidents and Recoverable Damages

Car Accidents and Recoverable Damages

A Brooklyn storefront has seen better days, according to a recent NBC New York report. A rental truck slammed into the fresh fruit and flower section of a Queens Village grocery store. Before destroying the storefront, however, the rental truck collided with a school bus carrying two-dozen children as well as a passenger car. The cause of the wreckage is still under investigation by local authorities.

Victims of a car accident could include drivers, passengers, and bystanders, as well as the loved ones of an injured party. Multiple defendants are also possible in car accident lawsuits and may include the driver of the other vehicle(s), the owner of the car involved in the crash, the employer of the other driver if the accident occurred in the course of business, and the insurance company.

Types of Car Accidents

There are numerous types of car accidents that may cause minimal to serious damage – or even death – to individuals involved. Some types of accidents include:

  • SUV rollovers
  • Truck accidents
  • Pedestrian and bicyclist injuries
  • Motorcycle accidents
  • Boating accidents

State law governs the time limits under which a car accident case may be filed in court. Specifically, important deadlines in the South Carolina Code include Sections:

  • 15-3-530(5) – three years from the date of the accident for filing a personal injury suit.
  • 15-3-530(4) – three years from the date of the accident for filing a property damage suit.

Should an injured party fail to file a suit within the timeframe specified in state law, a court will likely not hear the case, as it will be barred as a result of the statute of limitations. For this reason, it is important to contact an experienced Charleston car accident attorney right away.

Fault and Damages

Sometimes defendants argue the injured victim was responsible, at least in part, for the accident. Should this argument be successful, the amount of compensation a victim may receive can change, as there are various ways to determine fault in an accident case. South Carolina law follows a modified comparative negligence rule. This means that the total amount of monetary compensation that a victim may receive is reduced by the amount equal to the percentage the victim is found to be at fault for the accident. If a jury finds that the victim was 50 percent or more at-fault for the accident, the victim will not be able to collect any compensation whatsoever.

Contact a Car Accident Attorney in Charleston

The best offense in a car accident lawsuit is the strength of the evidence when facing the possibility of reduced or eliminated compensation. With the help of an experienced and aggressive car accident attorney, a compelling case can be presented during settlement negotiations or trial in order to maximize the damages available. Serving the entire state of South Carolina, the attorneys at Pierce, Herns, Sloan & Wilson LLC will fight on your behalf.

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