Being involved in an automobile crash is a scary, often traumatic experience. The event can result in severe body injuries, damage to all vehicles involved and considerable financial loss due to: • Vehicle repair • Alternate transportation needs • Missed time off work • Medical expenses (both immediate and long-term) Common incidents In 2006, there were nearly 6 million motor vehicle accidents in the United States, resulting in over 42,000 deaths and more than 2.5 million injuries, according to the National Highway Traffic Safety Administration (NHTSA). These staggering statistics reveal how common motor vehicle crashes are in the United States, and how they can range from a small fender bender to a life-changing, even life-ending event. The number of vehicles involved in the motor vehicle crash will determine how the accident is categorized: single vehicle or multiple vehicle. Single-vehicle crashes are typically caused by driver distraction and hazardous road conditions. Multiple-vehicle accidents are usually the result of excessive speeds and dangerous road conditions. What to do when you are involved in an automobile accident Despite the cause, there are certain important steps that drivers must take when you are involved in an automobile accident. • Call for an ambulance if anyone is injured • Move the vehicles out of the path of traffic • Obtain the names and addresses of the drivers, passengers, and registered owners of the vehicles • Collect the policy numbers and names of the insurance companies for all drivers involved • Obtain the contact information of any witnesses to the accident • Note any injuries and vehicle damage • Call police and file an accident report if there are injuries • Note the names of the police officers or highway patrol officers that responded to the scene • If anyone claimed responsibility for the accident, be sure to make a note of that person Comparative Negligence The state of South Carolina is comparative negligence state, meaning that accident victims can be awarded compensation even if they are partially at fault for the automobile accident. Therefore, if you are involved in a motor vehicle accident and both you and the other party share the fault of the crash, you can still receive money for your injuries and other damages. A comparative negligence automobile accident claim requires you to prove that the other driver was more than 50 percent responsible for the accident. If the other driver is found to be more at fault than you for the crash, then their insurance company is required to pay you for that percentage of liability. For example, if your claim against another driver is $40,000, and they were found to be 70 percent at fault for the crash, you would receive $28,000 for your injuries. While this amount is less than the amount of the original claim, it is better than you receiving nothing for being partially at fault. Why hire a lawyer A comparative negligence claim is often complex and can be difficult to handle on your own. These types of automobile accident claims can involve a number of factors, such as: • Weather conditions • Road hazards • Other drivers • Mulitple vehicles • Eyewitnesses • Police records • Medical reports It is important to have a qualified lawyer help you through the process. If you live in Anderson, Spartanburg or Greenville, South Carolina, and have been hurt in an automobile accident, please visit the Web site for the Dick James Law Firm of Greenville, South Carolina.
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