If you've ever been in a car accident, you know first-hand how traumatizing the incident can be. You can be left with both physical and psychological scars from the collision, while your vehicle can, and often is left in a state of disrepair. Your wallet takes a beating from the accident as well in order to pay for the damages so you can get your car back on the road.
However, if the accident was caused by another driver, that driver should be held accountable for the damages to your car, as well as the medical and therapeutic treatments you're forced to incur. You have grounds to file a car accident claim against the responsible driver so that you can, rightfully, receive compensation for the damages from the accident.
Claims based on responsibility
Judges that oversee car accident claims attempt to uphold the letter of the law in order to ensure fair and just compensation is awarded to the rightful victims of the incident.
Take the city of Charleston, South Carolina for example. Charleston is the largest city in the state and boasts a metro population of over 800,000 people. It's no surprise that tens of thousands of cars are on the roads of Charleston every single day, and any one of them could be responsible for a car accident.
If an accident occurs on the streets of Charleston, the victim can file a claim against the responsible party. Should the defendant agree to an out-of-court settlement that awards the value of the claim to the victim, case closed. On the other hand, if it proceeds to an in-court procedure, judges must oversee the case and ensure the victim is rightfully compensated.
Under South Carolina law, judges in Charleston and elsewhere in the state abide by what's known as “the 51% rule.” It's a precedent that was set in the case of Ross v. Paddy, which ensures victims are rightfully awarded compensation for an accident if their share of the blame for the incident is 50% or less than the defendant.
Get a proven car accident attorney to build your case
Since compensation in Charleston is awarded based on who is deemed most at fault for the accident, you need evidence and a strong legal argument to make your case. That's why it's important to hire an experienced Charleston car accident lawyer.
A proven car accident attorney will know how to build a case on your behalf. Attorneys have entire investigative teams at their disposal to visit the scene of the accident, collect crucial evidence, and even recreate the circumstances that led to the incident. All of these findings will form the core of the legal argument your lawyer brings before the courts to argue in favor of your right to fair and just compensation.
It's best to get the right legal muscle on your side to increase the likelihood of a positive outcome to your claim. Experience arguing before the courts goes a long way towards achieving the desired outcome, and it will also ease your already stressful frame of mind in the aftermath of the accident. Your car accident lawyer will know how to fight for your rights and provide you with peace of mind.
