Charleston Car Wreck Lawyer
Today’s cars and trucks are much safer than the ones which rolled off the assembly line twenty years ago. Yet the number of people killed or seriously injured in vehicle collisions is largely unchanged. This pattern suggests that many drivers have a false sense of security. They erroneously assume that, if they cause a crash, the damage won’t be that bad. Unfortunately, that’s not true. Today’s vehicles are also bigger and faster than ever before.
At the Gus Anastopoulo Law Firm, our diligent Charleston car wreck lawyers hit the ground running as soon as you reach out to us. We collect evidence which supports your claim. Then, we put this evidence together like pieces of a jigsaw puzzle. Finally, we never stop fighting for you. This three-step combination usually ensures maximum compensation for your serious injuries.
Evidence Collection
In court, victim/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Rather than pigeon-hole your claim into a particular theory, we collect evidence, and see where that evidence leads us. This evidence usually includes the police accident report, medical bills, and witness statements.
However, all three of these things are not always available or compelling. Witness statements are a good example. Eyewitnesses usually don’t loiter at accident scenes and/or aren’t willing to testify in court. So, our Charleston car accident lawyers track down additional witnesses and subpoena them if necessary. Furthermore, some witnesses are incompetent, either pragmatically or as a matter of law. For example, some witnesses were not wearing their glasses or have close emotional or financial ties to a party in the case.
Electronic evidence, such as surveillance video footage, often fills in the gaps. At least one camera covers pretty much every stretch of freeway and intersection in Charleston. An attorney must simply look for them patiently. Furthermore, such electronic evidence is usually very compelling in court. Many times, a picture really is worth a thousand words.
Liability Issues
Ordinary negligence is a lack of care. Most noncommercial drivers have a duty of reasonable care. Most commercial operators have a duty of utmost care. If drivers breach their duty and cause injury, they are liable for damages.
Negligence per se is a lack of statutory care. If a tortfeasor (negligent driver) violates a safety law and causes injury, the driver could be liable for damages as a matter of law.
Device distraction illustrates the difference between these two theories. Since South Carolina has such a weak cell phone ban, most of these victims must use the ordinary negligence doctrine to obtain compensation for their injuries.
Frequently, a third party, such as an employer, is financially responsible for damages. Vicarious liability is especially important in catastrophic injury claims. Most individual drivers don’t have enough insurance to cover such losses.
Insurance company defenses often come into play as well. Comparative fault, a legal doctrine which shifts accident blame from the tortfeasor to the victim, is a good example. If both parties were partially at fault, the jury must divide responsibility on a percentage basis. This division could reduce the victim/plaintiff’s compensation.
Reach Out to a Dedicated Charleston County Car Wreck Lawyer
Car accident injury victims are entitled to fair compensation for their serious injuries. For a free consultation with an experienced Charleston car accident lawyer, contact the Gus Anastopoulo Law Firm. Home, virtual, and hospital visits are available.
