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If you’ve recently been in an auto accident, you might not know what your next step should be. On top of the confusion of who to turn to for help, you might be experiencing physical pain caused by the accident, emotional trauma, or ongoing financial strain attempting to keep up with medical expenses. In this time of great stress, your first thought might be to settle as quickly as possible to stay afloat financially. 

Most insurance adjusters prey on the vulnerability of victims by offering low settlements. If you don’t immediately accept their low-ball settlement, they might go back to the drawing board and try to undermine the value of your claim even further or deny it outright. They might also delay settling your case, thus making it harder for you to recover financially. 

If you’ve been injured in a car accident, our office can help you get the compensation that you deserve. Local to Spartanburg, the Law Office of Tyler Rody takes a personal interest in each client so that they get the maximum value for their claim.

Going up against insurance companies and insurance defense attorneys alone, especially when dealing with the aftermath of an accident, can be intimidating.

Do You Have A South Carolina Car Accident Claim?

You are entitled to compensation after being involved in an accident. However, there are some exceptions to getting a claim approved. To ensure that you have a case, ask yourself the following questions after being involved in an accident: 

  1. Was it someone else’s fault? If you are the victim of someone else’s negligence it’s a good idea to seek legal help. 
  1. Was there damage to your vehicle? Property damage is going to warrant compensation. Make sure you document the damage to your property so that those photos can later be used to help your case. 
  1. Did you receive medical treatment for your injuries? You might be entitled to compensation if you have received any medical attention or treatment because of injuries sustained during the accident. Make sure that all doctor’s appointments are properly documented. 
  1. When did the accident occur? In South Carolina, you have three years to file a claim. If you try to file a claim after the three-year window, you might still be able to receive compensation, but it’s much less likely to happen.
  1. Is there insurance available to pay for your claim? Regardless of the seriousness of your injuries or damage to your property, it may be impossible to receive financial compensation if you, or the driver who caused the collision, don’t have insurance.

After answering these questions, do you still believe that you have a claim? If you do, now is the time to reach out to an attorney for help! Even though South Carolina has a three-year statute of limitations for any auto accident, the sooner you can file a claim, the better. 

Understanding South Carolina Car Accident Laws

Tyler Rody has spent years helping the people of South Carolina with their personal injury needs. Years of practice have led to years of experience navigating the laws surrounding auto accidents, so even if you’re feeling overwhelmed, Tyler Rody is here to help. 

If you were involved in an accident caused by another driver or driver’s recklessness or negligence, you might be entitled to compensation for any damages you’ve accrued. 

Subsequently, modified comparative fault allows for financial compensation if the claimant is less responsible for the accident than the other party or parties involved. 

Filing A Claim: Time Is Of The Essence

After being involved in an auto accident, make sure you seek medical attention immediately. You might have experienced internal damage that’s harder to recognize. Be sure to keep your medical visits documented so that any visits can act as evidence in your cause against the defendant. 

Do not wait to seek medical care. If you or a loved one have recently been in an auto accident and still not sought medical care, you might be losing out on valuable compensation. 

Time is going to be a factor in the value of your compensation. In South Carolina, you have three years to file a claim after an auto accident. Not claiming your accident until after the three years are up, it can be nearly impossible for you to receive any compensation for the accident and any monetary damages you’ve acquired since then. 

At-Fault Requirements in South Carolina 

South Carolina practices a fault-based system for dealing with car accidents. All this means is that the at-fault driver will beheld legally liable for any costs that they incur. The law states that as long as you are less than 51% responsible for your accident, then you can seek compensation from the driver at fault.

At-fault law puts all the blame on the person who is responsible for your injuries and any damages that incur from the accident they caused. The at-fault person will be responsible for your compensation. For example, if you are driving and someone runs a red light and hits you, they are responsible for the accident. If you then have emotional trauma that requires therapy or you are injured to the point of not being able to work for months at a time, the party responsible for the accident is liable and expected to pay for those damages, usually through their insurance company.

Common Causes of Car Accidents in South Carolina

South Carolina has the highest death auto accident rate in the country. Remain vigilant while driving to diminish the chances of being distracted, thus lowering your chances of being involved in a deadly or life-altering accident. 

Here are some common causes of auto accidents: 

  • Distracted Driving: Whether you’re texting and driving, talking on the phone, or getting distracted by passengers, distracted driving includes more than you might think. 
  • Driving Under The Influence: Driving under the influence includes drinking and driving and driving while under the influence of drugs. 
  • Speeding: Going too slow can also be an issue, but speeding continues to be a leading cause of auto accidents. Along with speeding, aggressive and reckless driving lends to the auto accident statistics in South Carolina. 
  • Failing To Yield: Failing to yield in South Carolina could result in points off your license and a fine of up to $180. If you fail to yield and are involved in an accident, you might not receive full compensation due to comparative negligence. 
  • Wrong-way Driving: It might not seem as dangerous, but wrong-way driving can result in serious injury. Driving under the influence, reckless driving, or falling asleep at the wheel can result in a wrong turn. However, wrong-way driving can also occur if you are unsure of where you’re going or you're driving in unfamiliar territory. Be sure to be alert and aware when somewhere new. 
  • Drowsy Driving: Sometimes, you get too eager to get where you want to go, and you decide to get behind the wheel when you're tired. Drowsy driving is dangerous and can result in serious injury, permanent disability, or even death.
  • Bad Weather: You're on your way home and all of a sudden a storm breaks out and all of a sudden your fellow drivers on the road forget how to drive. Accidents happen more frequently in bad weather, so making sure that you stay focused on the road can be a crucial factor in getting you and your family home safely, even when bad weather makes your ride home a little rocky. 
  • Broken Or Malfunctioning Vehicle: If things aren’t in working order, your car might be the reason you have an accident or cause an accident that could cost you a considerable amount of money. Making sure that your car is in the drivable condition is crucial in keeping safe on the road.
  • Hazardous Road Conditions: As a South Carolina driver, you’re no stranger to bumpy and hazardous road conditions. When driving on our underserved roads, it can be easy to have an accident if you hit an unexpected pothole or bump in the road. 

Common Car Accident Injuries in South Carolina

After being involved in an auto accident, you might need medical attention. While injuries vary from broken bones to more serious injuries that might require surgeries or leave you permanently disabled, it’s important to be aware of the hardships you might face if you get involved in an auto accident. 

  • Whiplash: Whiplash is most commonly suffered by auto accident victims. Even smaller accidents like getting rear-ended can lead to whiplash and can affect the way you’re able to live your life going forward.  
  • Scrapes and cuts: In the moment, you might not think a simple scrape or cut seems so bad, but if left unattended, that same scrape or cut might become infected and lead to some serious health issues. 
  • Head or brain injuries: If you suspect that there is even the slightest possibility you’ve sustained a head injury after a car accident, go to the emergency room immediately. Even if you think you only hit your head a little bit when you were hit, making sure that everything is checked out immediately can make a huge difference on your road to recovery.  
  • Broken ribs and other broken bones: Breaking a rib is incredibly painful and will require you to rest to recover and if you break other bones, you might have an even longer recovery time. During this recovery period, you might not be able to go to work, which might incur a bunch of added stress to an already traumatic experience. 
  • Internal bleeding: Much like unresolved or unchecked head injuries, internal bleeding can cause serious damage to you or a loved one if not noticed right away. If you’ve been involved in an auto accident, make sure that you see medical attention immediately so that internal bleeding can be ruled out. If left unchecked, internal bleeding can be fatal. 
  • Herniated discs: Herniated discs occurs when trauma to your spine results in a shift or rupture of the vertebrae. This type of injury can be incredibly painful and can put you out of work for weeks or months. Being unable to work might result in more damage to you and your family. 
  • Post-traumatic stress disorder: Some injuries are harder to see than others. One thing that you might suffer from after an auto accident is post-traumatic stress disorder or PTSD. This might make it hard for you to get on with your life and lead to a long road of recovery from emotional damage. 

Be sure to seek medical attention immediately after being involved in an auto accident. You might feel fine, but you might have sustained internal injuries that could cause serious damage if not treated immediately. When getting treated by a medical professional after an auto accident, make sure to document your visits so that they can help you receive compensation later on. 

What Can I Recover From An Auto Accident And Why Should I Get A Lawyer? 

When you’ve been involved in an auto accident, you might find yourself in mountains of medical bills, recovering from a life-altering injury, dealing with mental health issues, or worse, grieving the loss of a loved one. 

After being involved in an auto accident, an attorney can fight for you and your family to ensure that you get the compensation you need to get back on your feet. While monetary amounts might not fix all of the trauma that you have suffered from your accident, it might help elevate some of the stress that comes with paying for medical bills and other costs that might have incurred due to the accident. 

Here are some of the things that you might be able to recover after you’ve been involved in an auto accident: 

  • Economic damages: If you have been involved in an auto accident, you can file a claim for economic damages. This type of damage includes lost wages from not being able to work due to injuries, missed work opportunities, or the piling up of medical bills. 
  • Non-economic damages: After a car accident, you might be dealing with emotional trauma or having lost the lust for life. If you are experiencing loss of enjoyment of life or other emotional damage that is uprooting the life you once knew, you might be able to receive additional compensation. 

Injured? Call Tyler Rody Today to Speak with an Experienced Spartanburg Car Accident Lawyer

If you or a loved one has been injured in an auto accident in South Carolina, Tyler Rody is the man to help you. With personal experience in the field, having suffered from a serious car accident himself, he will provide you with the serious attention you and your family need to get the compensation you deserve. Call (864)-381-7969 for more information on how the Law Office of Tyler Rody can help you.

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