Auto collisions happen for a variety of reasons. There are those that are honestly accidents. There are other incidents, though, that are the result of negligent behavior behind the wheel. In South Carolina, what constitutes negligence in car accidents?
When a person has been injured or lost a loved one in an auto accident, it is normal to question why the crash occurred. The damages sustained in an auto collision can be significant, so it is also reasonable to question if compensation can be awarded for one’s losses. In order to legally recoup damages, it will be imperative for the victim or — in the event of fatality — his or her surviving family members to establish negligence in court. This is something that is not always easy to accomplish.
Negligence in terms of causing a car accident comes in many forms. Two of the biggest forms of negligence when behind the wheel include driving while impaired and distracted driving. The simply truth is that all drivers have a duty to the others with whom they share the road to exercise reasonable care when behind the wheel — failing to do this is a form of negligence . If evidence can be provided showing that this duty was breached, the victims of such incidents may be awarded compensation for any resulting losses.
When considering taking legal actions concerning car accidents in South Carolina, it is first important to consider if negligence can be established. An experienced attorney would be able to assist with this and take the case to court — if appropriate. Those who are able to successfully litigate their claims may be awarded financial relief for all losses that are recoverable in accordance with the laws of the state.
Source: FindLaw, “Proving Fault: What is Negligence?“, Accessed on Jan. 10, 2016