Hilton Head Car Accident Lawyers

How Is Liability Determined in a Car Accident?

Liability in a car accident refers to who is legally responsible for the damage and injuries that occur because of the collision. Determining liability is a process that involves examining various factors and legal considerations. Some of these essential factors include:

• Duty of Care: Every driver is legally responsible for operating their vehicle safely and according to the laws to avoid harming others.
• Breach of Duty: To establish liability, it must be shown that a driver failed to fulfill their duty of care. Common examples include speeding, running a red light, and driving distracted. 
• Causation: After identifying a breach of duty, it needs to be proven that this specific breach caused the accident.
• Contributory Negligence: In some cases, both drivers may be at fault. A victim’s degree of fault for causing a wreck can be considered in South Carolina. It may reduce their recovery, so it’s equally important to address any disputes over a victim’s alleged negligence when they arise.
• Evidence: Many types of evidence are often used to determine liability. Common examples include police reports, witness statements, traffic surveillance footage, photos of the accident scene, and vehicle damage reports. Our attorneys can also conduct our investigations and work with accident reconstruction experts or other relevant specialists when needed. 

As lawyers representing plaintiffs (the victims) in car accident cases, we know there are many opportunities to position clients favorably and many strategies to help them secure the maximum compensation possible. That’s why we’re so detailed in our work and why we are always aggressive in ensuring that at-fault parties are held fully liable for the damages suffered by our clients. 

What Damages Are You Entitled to After a South Carolina Car Accident?

In South Carolina, car accident victims may be entitled to various forms of compensation, including but not limited to:

• Past and future medical expenses
• Lost income and lost earning capacity
• Pain and suffering
• Loss of enjoyment or quality of life
• Property damage
• Other economic and non-economic losses 

The compensation you may receive depends on various factors, such as the severity of your injuries, the impact on your daily life, and any other financial or emotional losses incurred due to the accident. Our team has extensive experience in accurately assessing damages and negotiating for fair compensation and can help evaluate the potential value of your claim during a consultation. 

How Much Time Do I Have to File a Car Accident Lawsuit in Hilton Head?

The state of South Carolina has established strict deadlines for filing a car accident lawsuit, known as the statute of limitations. Generally, this statute of limitations is three years from the date of an accident. If you fail to file before this deadline, you won’t be able to recover compensation.

Because it can be tricky to determine the statute of limitations that applies to a case and because an expired statute of limitations bars victims from recovering any compensation for their losses, we strongly encourage car wreck victims to contact our firm as soon as possible.

Quick action on your part can ensure you’re able to bring a claim within the statutory filing window. It can also help our attorneys conduct investigations, gather evidence, and build the most substantial possible claim on your behalf. 

What to Do After a Car Accident in Hilton Head

Taking the proper steps after a car accident can protect your safety, legal rights, and financial interests. Here’s what you should do:

1. Check for Injuries – Examine yourself and others for any signs of injury. If medical attention is needed, call 911 immediately.
2. Move to a Safer Spot – If possible, relocate your vehicle to the side of the road to prevent further accidents. Turn on your hazards to caution other drivers.
3. Contact Law Enforcement – Report the accident to the Beaufort County Sheriff’s Office or South Carolina Highway Patrol. A police report can be critical for insurance claims and legal proceedings.
4. Exchange Information – Gather the contact and insurance details of all drivers involved. If there are witnesses, ask for their statements and contact information.
5. Document the Scene – Capture photos and videos of vehicle damage, skid marks, road signs, and surrounding conditions. This evidence may be crucial in determining fault.
6. Get Medical Attention – Even if you feel fine, see a doctor. Some injuries, like concussions or soft tissue damage, may not be immediately noticeable.
7. Notify Your Insurance Provider – Report the accident to your insurer, but avoid making statements that could be interpreted as admitting fault until the case is thoroughly investigated.
8. Seek Legal Advice – If you are dealing with medical expenses, lost income, or insurance disputes, consulting a Hilton Head car accident lawyer can help you understand your rights and options for compensation.