Automobile collisions are one of the leading causes of fatalities in America. Even though the amount of driver safety campaigns has increased in recent years, negligent and distracted driving has also been on the rise. This is in large part due to new mobile technologies. Today’s drivers need to be more careful and vigilant to avoid being the victim of a negligence-related car accident. If you do end up in a car accident in South Carolina, please call the law office of Double Aught Injury Lawyers for help and guidance dealing with your accident.
What is Expected of South Carolina Drivers?
Auto accidents are preventable personal injury events, as most result from human error. For example, a driver may fail to brake properly and run into a pedestrian or another vehicle. Proving the at-fault driver’s in a car accident is your only chance at gaining the compensation you deserve. Negligence is acting careless or reckless in a manner that can potentially hurt or cause harm to others. Being negligent while driving can be speeding, running stop signs or lights, failing to stop at crosswalks etc. All South Carolina drivers have a duty to avoid injuring or causing harm to others while on the road. When a driver breaches this duty, causing an auto accident, the courts hold the at-fault driver liable for the injuries and property damage arising from the accident. Some of the duties that every South Carolina driver is held responsible for are:
Following all statewide rules and laws. Drivers cannot get behind the wheel of a motor vehicle with a blood alcohol concentration level (BAC) of 0.08% or higher. For commercial drivers the legal limit is even lower at 0.04%. Drivers under the legal drinking age of 21, cannot legally drive with any alcohol in their system at all.
Obeying the state’s rules of the road. All drivers must drive at reasonable speeds that are prudent according to the traffic conditions, visibility, and weather conditions. Speeding through red lights, stop signs and active school zones are not allowed. There are specific rules and regulations regarding big rigs or 18-wheelers that commercial drivers must always follow.
Paying proper attention and remaining vigilant. Drivers are required to remain alert and pay close attention to pedestrians, dangerous road conditions, and other vehicles. Failure to keep your eyes on the road and pay close attention while driving constitutes negligence. Texting while driving, grooming and playing with the stereo are examples of breaching this duty.
Staying in total control of your vehicle. Drivers must pass certain tests to receive their license in South Carolina. This is to prove that they can keep their vehicle under control. While driving a vehicle you must keep it under control at all times. This means being able to stop and react quickly and safely to roadway situations. If a driver loses control of their vehicle and hits another on coming car then this is negligence on the out of control driver.
Maintaining and upkeeping your vehicle. As the owner and driver of a vehicle, it is your duty to maintain the car and its parts sufficiently. Having working brake lights, windshield wipers, and other elements for your vehicle is included in this duty.
Failing any of these duties in any capacity can result in a serious auto accident. All drivers must take their responsibilities seriously. When a driver does not hold to their responsibility behind the wheel, then car crashes and personal injury claims will follow.
Proving Negligence in a South Carolina Auto Accident Case
To prove negligence in a car accident case, the plaintiff will want to acquire the aid of a capable personal injury lawyer. The legal team at Double Aught Injury Lawyers will investigate the collision and gather important evidence to provide proof of the at-fault driver’s negligence. Our job is to recreate the car crash and get all the details and specifics of your personal case. Proving negligence in a car accident case requires the plaintiff to prove four main elements:
- The at-fault driver failed in their duty to use reasonable care to anyone they encounter on the road this is usually not to hard to explain.
- The at-fault drivers’ breach of duty care is what caused your injuries and damages. If there is no damage and no injuries are sustained then you do not have the grounds to file a personal injury claim. The at fault driver’s breach must be what directly caused your injuries. Having a physician’s report who tended to your injuries after the accident will help to prove this.
Consult with a South Carolina Car Accident Attorney
Double Aught Injury Lawyers has the knowledge and skills to represent your personal injury case from the day of the car accident, settlement negotiation, mediation, and trial if necessary. Call our office today for a FREE consultation and get the answers you are looking for.