While public transportation is available in Charleston, many people still drive every day. As a result, car accidents are somewhat frequent, and many Charleston residents get hurt. You might have several legal options at this point, and a lawyer can help you explore them.

Suing the at-fault driver may help you obtain the full extent of your damages, allowing you to more comfortably make ends meet while you recover from your injuries. Before you can recover any damages, we must gather the right evidence. Some evidence we might already have, such as photos you took at the accident scene or dashcam videos. Other evidence may be obtained through the discovery phase after we file the case.

Contact our car accident attorneys for a free, confidential case review by calling the Graves Injury Law Firm at (305) 614-2767.

Should You Sue for a Car Accident or File Insurance Claims?

Although you have several options for financial compensation after a car accident, a lawsuit may help you get compensation that fully covers your damages.

Third-Party Insurance Claims

Perhaps the most common way of filing an insurance claim after a car accident is to file third-party claims with the at-fault driver’s liability coverage. When doing so, our car accident lawyers must present enough evidence to show that the other driver is responsible for the accident.

Insurance companies do not have to believe all the evidence we submit to them. Unfortunately, this gives insurance companies considerable discretion to deny claims, sometimes unfairly.

Insurance Limits

On the other hand, your claim might be approved, but the policy might be limited, and the insurance company will not pay for the full extent of your damages.

In such situations, you may be able to make ends meet by filing a claim with your own uninsured or underinsured motorist coverage. These policies are specifically designed to help you if the at-fault driver’s insurance is insufficient.

Uninsured motorist coverage is required in South Carolina, but underinsured coverage is not, although insurers in the state are required to offer it.

Lawsuits

Sometimes, insurance is not enough, or it is completely unavailable. Even so, you still have legal options, including filing a personal injury lawsuit.

Car accident lawsuits allow plaintiffs to claim, and possibly be awarded, the full extent of their damages. Insurance policy limitations do not apply in a lawsuit. If you win, the defendant is legally obligated to pay all your damages.

Collecting Evidence After a Car Accident in Charleston, SC

Gathering evidence is crucial. We must have evidence to support your claims when we file the case, and we will likely need more as the case progresses toward a trial.

Photos of the Scene

After the car accident, you should take photos of the scene if you can. This is very common in car accident cases, and drivers often take photos to send to insurance companies as proof of the accident.

In many cases, the police clear away the accident scene rather quickly, often to ensure the safety of other drivers. As such, evidence may be lost, and your photos might be all that remains of the accident scene.

Video Footage

Video footage may be available, and it may show us exactly what happened during the accident. Nearby homes or businesses might have exterior security cameras that recorded the accident. We should move quickly to obtain copies of these videos before they are accidentally erased.

It is also possible that you or another driver had a dashcam installed. If you had a dashcam, it may have recorded the accident from your perspective. This kind of video evidence can be very powerful.

Witness Testimony

Car accidents are not often isolated incidents. Other drivers, passengers, and even pedestrians might have witnessed the crash. You should exchange information with as many people as possible after an accident so that we can more easily find witnesses.

We can interview people who were present at the time of the accident to see if they have any useful information. If they do, we may call upon them to testify in court.

Who Should You Sue for a Car Accident?

Knowing who should be included in a lawsuit is not always easy. Many car accidents are complicated, and we might not fully understand who is responsible until after a formal police investigation.

The At-Fault Driver

We should include the at-fault driver in your lawsuit. They are likely directly responsible for the accident, and we must include them in the case. The key is proving how they caused the accident.

Most car accidents are based on negligence. Common examples of driver negligence may involve driving while distracted (e.g., texting while driving), driving while intoxicated, speeding, or any number of ordinary traffic code violations.

Multiple Drivers

It is also possible that there is more than one at-fault driver. Multi-vehicle accidents are somewhat common, and multiple drivers often share blame for the accident. It might not be clear at first who is responsible and who is another victim. Our team can investigate and review police reports to determine which drivers should be included in the lawsuit.

The At-Fault Driver’s Employer

In certain cases, injured victims may not only sue the at-fault driver, but also the at-fault driver’s employer. If the at-fault driver was on the job at the time of the accident, their employer may be held vicariously liable.

Common examples include suing a delivery driver who caused an accident. If the delivery driver was working and caused the accident while in furtherance of their normal job duties, you can sue their employer, too.

FAQs About Suing for a Car Accident in Charleston, SC

When Should You File a Lawsuit After a Car Accident?

Personal injury lawsuits for things like car accidents must be filed no later than 3 years after the injuries occur. Do not miss this deadline, because you may be prohibited from filing your case if you do.

What Evidence is Important in a Car Accident Lawsuit?

Evidence for a car accident lawsuit may include witness testimony, video footage, photos from the crash site, medical records about your injuries, and possibly more. The evidence you need will be unique to your situation and the facts of the case.

Can a Passenger Sue for a Car Accident?

Yes. You do not have to be in the driver’s seat to sue for injuries from a car accident. Not only can a passenger sue the driver of the other car, but they might instead sue the driver of the car they were in, depending on who is at fault for the accident.

What is a Car Accident Lawsuit Worth?

Car accident lawsuits may be worth a substantial sum. Between medical bills for your injuries, damage to your vehicle, other property damage, lost income from missing work, and your pain and suffering, you might claim many thousands of dollars in damages.

Call Our Car Accident Attorneys in Charleston, SC to Discuss Your Case

Contact our car accident attorneys for a free, confidential case review by calling the Graves Injury Law Firm at (305) 614-2767.