Accident Injury

Occasionally over the years I have handled cases involving the intentional use of an automobile to do harm to my client.  For example, let’s say a driver purposely runs over someone, causing serious bodily injury.  The insurance companies will often say that they are not responsible for intentional acts, such as using a car as a weapon. 

However, most experienced injury lawyers, or accident attorneys, can tell you that SC’s Financial Responsibility Laws require the liability insurer to cover these injuries.  In other words, if you have been injured as a result of an intentional act on the part of a driver, it’s still advisable to contact an experienced accident lawyer.

Pedestrian Accident

“Blind pedestrian struck, killed by SUV”

 

An accident lawyer contacted by the family would need to do a thorough investigation.  Like any good accident lawyer knows, a large part of the case is decided early on, when the facts are fresh and capable of being investigated.  For example, I would want to interview any eyewitnesses, get photos of the car and of the scene, and possibly look at the scene myself.  If the driver of the SUV is not represented, I might try to speak with him or her, and actually take a statement, as long as they know what my interests are. I would want to explore the speed the driver was going, and when he first noticed the pedestrian.  There is a lot that goes into investigating a wrongful death or personal injury claim, and the sooner we can get started the better.

Accident Lawyer Complaints

One of the things I often hear about lawyers is that they do not return phone calls.  I don’t know if that’s been the experience of everyone reading this blog, but I often hear that.  Accident lawyers are not immune from this criticism.  As an accident lawyer, I think it is particularly important for my clients to be able to reach me.  That is why I am steadfast in returning each and every one of my client’s phone calls.  I vow to them that I cannot guarantee them an outcome on a case, but I can promise them I will return their calls.  I find that a lot of my clients are actually surprised when they hear back from me so quickly, and that is what helps me to develop their trust.  Returning phone calls promptly is a big part of what this accident lawyer is all about.

Auto Accident Property Damage

I turn down car accident cases regularly if there is a small amount of property damage to the cars involved in the accident.  The reason is, even though a person can get injured in a case with little property damage, unfortunately the insurance companies are unwilling to pay very much money on these cases.  They know that if the case goes to trial, a jury is going to be shown pictures of the cars, which will not result in a good verdict for the plaintiff if there is a small amount of damage. 

Before I take a case, I want to know the extent of damage done to the cars.

Safety Problems Could Lead to Accidents

“Re-inspection finds safety problems at Benedict dorm”

 If this is true, it is a personal injury claim waiting to happen should an injury occur as a result of safety lapses.  For example, if there were a preventable accident, and injury or death occurred, then an injury lawyer would perhaps be able to show that the accident was due to safety problems. 

This is an example of a report that an accident lawyer, or even a wrongful death lawyer if death occurs, would want to  look at if an injury happens.  Let’s all hope Benedict fixes their safety problems before an accident occurs.

Have a Legal Question? Accident Lawyer Answers

When you’re looking for an accident lawyer in Columbia, SC, it’s usually because you want to make sure you have a case or claim.

In 20 years of serving clients in personal injury law cases, I find that people are often confused by the entire personal injury process, and have a lot of unanswered questions.

That’s why I created my ‘Accident Lawyer Answers’ site. If you’ve been injured or had a loved one injured or killed due to carelessness or negligence, just visit my site, ask your question, and I’ll see how I can best assist you.

Thanks for being a reader of my blog!

Drive-By Shooting – Personal Injury Implications by Accident Lawyer

There are many types of non-accident events resulting in injuries or death which could be -surprisingly- covered by various types of insurance.

Take a situation like a “drive by” shooting, where the victim is in his/her car, and the attackers use their car as an essential part of the assault, as opposed to just being the ‘location of the shooting’.

Amazingly, this kind of situation could end up being covered by the auto insurance policy on either the assailant’s vehicle, or if they were uninsured, by the uninsured motorist coverage on the victim’s car.

As an accident lawyer in Columbia, SC, I’ve got experience with many such cases. Again, the key action I’d take is to prove that the car was more than just the location of the shooting, but was a key element of the assault itself.

Of course, if the victim of the shooting dies, then wrongful death laws would also apply, and if he/she were working on the job during the time of the event, then there would be a workers’ compensation claim along with a ‘standard’ third party liability claim.

A person who is not being represented by an injury attorney would have a hard time navigating through these issues, so make sure you contact a competent accident lawyer if you face any such issues.

Mandatory Mediation in Cases Exceeding $25,000 – Accident Lawyer

“Mediators help resolve disputes.”

http://www.thestate.com/local/story/894888.html

South Carolina has mandatory mediation in place for cases exceeding 25,000 in value.  This is a process that accident lawyers, workers compensation attorneys, and wrongful death attorneys make great use of.  The mediation process is informal, and is basically a glorified settlement meeting.  The parties agree on a neutral person, usually a lawyer, to serve as the mediator.  He or she then engages in “shuttle diplomacy” to try and bring the parties together.  It is important to choose a mediator who is an experienced person, usually an injury attorney themselves.  When mediation is successful, it can save the parties a lot of money which would be spent on taking a case all the way to trial.

Accident Lawyer: Multiple Potentially ‘At-Fault’ Parties

Accident Lawyer in Columbia SC writes: Often in a personal injury case, there will be one of more parties with possible liability. They are called the ‘at-fault’ parties.

“Attorney argues Charleston at fault in fire”

http://www.thestate.com/local/story/888317.html

Under the so-called Tort Reform Act, when there are two or more potentially at-fault parties, instead of joint and several liability, which used to hold each of the defendants completely responsible, now in certain circumstances, the jury will be asked to assign the percentage of blame to each at fault party.  This applies even if one of the at fault parties is not even named in the suit.  This makes it more important than ever that the accident lawyer pick his defendants carefully when filing suit, and really think strategically in planning the case.

The injury lawyers at Best and Flatt would be glad to discuss this with you.

You don’t have to block traffic if you’ve had an auto accident.

A lot of eople have the idea that if they have a minor auto accident, with little to no damage to their vehicles, that they have a legal responsibility to leave their cars in the middle of the road or interstate, blocking traffic, and then call in -and wait for- law enforcement.

How many times have you seen the sight of cars with little visible damage causing massive, needless traffic jams?  Because of this, auto accidents have been a real nuisance (and cause of being late for important events)  for many.

The simple truth is this: The parties can exchange insurance information, and if both are OK with leaving law enforcement out of it, it is absolutely OK and legal to move on, in a case where there is not much damage to the vehicles (or occupants!).

Even when there is considerable damage, instead of blocking traffic for miles, you should move your car down the road to the next safe place where you can get off the road.

It is not true that you have to leave your vehicles exactly as they were, especially where it’s a danger to yourself and others. Get out of the way, and let other motorists move on.

I hope this info helps you- and others.