Lexington Auto Accident Attorneys
Auto accidents are very often more than just a minor inconvenience. Many accidents result in moderate to severe, even catastrophic injuries. A car accident not only has the potential to rack up high medical costs, but it can also put you out of work for an extended period of time, or even permanently. This on top of the excruciating physical pain and emotional anxiety that comes with having to adjust to the situation. If someone else caused the accident that resulted in your injuries, you deserve to be fully compensated for your losses.
At Peake & Fowler, we have almost 20 years of experience representing individuals who have been injured in car accidents in Lexington and communities throughout South Carolina. We understand the enormous physical, emotional, and financial stress auto accident victims and their families have to endure, and our goal is to make the legal process as smooth and seamless as possible.
Our attorneys have a proven track record of success with even the most complex accident injury cases, and we routinely go up against well-funded adversaries such as large insurance companies. We know the tactics insurers typically use to minimize the value of a claim or deny a claim altogether. We do not allow our clients to be bullied by insurers into taking a lowball settlement; we fight hard for the full and fair compensation our clients need and deserve.
What Causes Car Accidents in Lexington, South Carolina?
There are many factors that contribute to a car accident. Some factors are beyond our control, such as poor driving conditions, wet and slippery roads, and similar reasons. Most of the time, however, accidents are the result of some type of driver negligence and/or negligence on the part of another party.
Some of the most common reasons auto accidents occur include:
- Speeding: Many car accidents happen because a driver was exceeding the speed limit and/or going too fast for the road conditions. When this happens, it is hard for a driver to slow down in time to effectively to adapt to sudden stops, traffic slowdowns, unexpected winding and curves in the road, and other adverse driving conditions.
- Reckless driving: When someone is driving recklessly, they are in a state of mind in which they have willful and wanton disregard for the rules of the road and the safety of others. Excessive speeding is one example of reckless driving. Other examples include tailgating, weaving in and out of lanes, making sharp turns, pulling out in front of rapidly approaching vehicles, and refusing to yield the right of way.
- Drowsy driving: Driving while fatigued or drowsy slows reaction times and puts motorists in danger of falling asleep behind the wheel. Drowsy driving is most common among commercial truck drivers, who put in long hours and often many consecutive days driving over-the-road. This may also happen with those who drive for a living or who drive after putting in a long, hard day at work.
- Driving under the influence: Driving while under the influence of alcohol or drugs can lead to disastrous consequences. Chemical impairment puts drivers in an altered state of mind. Sometimes, they become sleepy and have significantly slower reaction times. In other cases, they may start driving recklessly and taking hazardous risks that endanger themselves and others.
- Distracted driving: Distracted driving is quickly becoming one of the leading causes of car accidents, and it was cited as a major reason why South Carolina is ranked the third deadliest state for fatal car crashes. Texting while driving and other forms of electronic activity while behind the wheel are especially dangerous, because they distract motorists in three ways; visually, manually, and cognitively.
- Defective vehicle parts: A faulty vehicle or vehicle part that malfunctions at the wrong time can be the cause of a car accident. Examples may include tire blowouts, computer dashboard malfunctions, and faulty brake lines. If a vehicle or vehicle part defect contributes to an auto accident, it may be possible to file a product liability claim against the designer, manufacturer, supplier, or distributor.
Compensation for South Carolina Car Accident Injuries
If you suffered injury and other losses after an auto accident and someone else was at fault, you can file a claim for damages. In a large number of cases, you will be seeking to recover damages from the other party’s insurance carrier. It is generally in everyone’s best interests to negotiate a reasonable settlement (with the insurance company) without the need to go to trial. That said, you must be ready and able to pursue litigation when necessary. Otherwise, the insurance company has very little incentive to give you a fair offer.
Compensatory damages for losses due to a car accident can be divided into two general categories:
- Economic damages: These are quantifiable losses such as medical expenses (both present and future), lost wages, loss of earning capacity, damage to your vehicle, and funeral and burial costs (in the case of a wrongful death).
- Non-economic damages: These are losses that are more intangible and difficult to assign a dollar figure to. Examples include physical pain and suffering, psychological distress, loss of enjoyment, disfigurement, and loss of consortium.
In rare cases in which the conduct of the party responsible for the car accident was especially egregious, punitive damages may be awarded as punishment for the wrongdoer’s actions, and to serve as a deterrent against similarly egregious acts in the future. In South Carolina, punitive damages are capped at $500,000, or three times actual damages, whichever is greater.
It is important to note that damages in a car accident case may be reduced in proportion to the percentage the injured party is found to be at-fault for the accident. For example, if total damages amount to $100,000 and you are found to be 20% at fault for the accident, your damage award would be reduced by $20,000. If an injured party is found to be more than 50% at fault for the accident, they may be barred from recovering any compensation at all.
Contact a Seasoned Lexington, SC Car Accident Attorney
Auto accidents can be devastating and life-altering; and if the accident was the fault of another party, you deserve to be compensated for your injuries and other losses. At Peake & Fowler, we work closely with our clients, thoroughly investigating their case and exploring every potential legal avenue toward securing a favorable outcome.
If you or someone close to you was injured in a car accident in Lexington or anywhere else in South Carolina, call our office today at 803-788-4370 to schedule a free consultation. You may also send us a message through our web contact form.