Understanding Your Rights After a Car Accident in South Carolina
People involved in a motor vehicle accident have certain rights under the law if they are injured. This includes the right to recover compensation for your damages, including pain and suffering, lost wages, medical bills, property damage, and other expenses. Defendants who cause motor vehicle accidents also have a right to examine evidence and be heard in trial to defend themselves. But while most people see car accidents as one driver against another, passengers can be in either vehicle too. If you or a loved one have been seriously injured in a motor vehicle accident in South Carolina, learn how our experienced car accident lawyers can help you.
Here at David Blackwell Law, we offer FREE consultations to individuals and their families who believe they have been wronged by the reckless, careless, or negligent actions of another person, business, or government entity. Motor vehicle accidents are very serious and can result in catastrophic harm, including brain injuries, spinal cord injuries, and wrongful death. If you or a loved one were seriously injured in a South Carolina car accident, call our experienced car accident lawyers to schedule a FREE consultation.
Do Passengers in a Car Accident Have Rights?
Yes, a passenger in a motor vehicle accident in South Carolina has certain rights to seek compensation for their damages. It is often said that passengers have the strongest case out of any other parties in a car accident. This is because car accidents often result in finding fault amongst multiple drivers—not just the defendant. This comparative fault may be minor on an injured plaintiff, but even 5-15% partial fault could reduce a recovery significantly.
Whereas being a passenger, there is rarely any comparative fault unless the passenger was in some way contributing to the motor vehicle accident, such as grabbing the wheel or telling the driver that it was “all clear” to go when it was not. Otherwise, most passenger injuries in a car accident are “full value” cases, meaning there is no reduction in the recovery for comparative fault.
Are Passenger Rights Different for Individuals in the Victim’s Vehicle as Opposed to the Defendant’s Vehicles?
In most motor vehicle accidents, we often consider one vehicle to be the victim’s car—the innocent driver—and one vehicle to be the defendant’s car—the person who likely caused the accident. That is natural to assess fault, especially when one driver ran a red light, was speeding or made an unsafe or improper maneuver.
But with passenger injuries, that is not necessarily true. A passenger in either the innocent victim’s car or the defendant’s vehicle will have the right to recover compensation against the at-fault driver. This right is often strong, as there is usually very little comparative fault—if any comparative fault—for a passenger.
Were You Injured as a Passenger in a South Carolina Motor Vehicle Accident? We Can Help
If you or a loved one were seriously injured in a motor vehicle accident in South Carolina, call our experienced car accident lawyers at David Blackwell Law to schedule a FREE consultation to learn more about your rights to compensation under the SC law. Our compassionate and dedicated bodily injury law firm serves victims and their families who have been catastrophically injured, permanently harmed, or disabled due to the reckless, careless, or negligent actions of another. Learn more about your rights and how we can help you today by calling 803-285-0225 or by using our “contact us” box available here to get started with our South Carolina law firm.
