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What Constitutes Driver Negligence in South Carolina?

July 1, 2015

Just a moment’s inattention can cause a serious accident, and many collisions – especially those that result from driver negligence – are completely avoidable. Texting, reading and eating behind the wheel are just a few examples of seemingly innocent activities that can have dire consequences for car crash victims.

If you or a loved one has suffered injuries due to a negligent or reckless driver, you may be able to recover damages to pay for accident-related expenses. At the Churdar Law Firm , we can help you gather evidence to support your claim.

Greenville personal-injury lawyer Doug Churdar can investigate your accident, handle settlement negotiations, and represent your interests in court if the case goes to trial. If successful, the at-fault driver may be liable for medical expenses and lost wages. To schedule an appointment, call us today at 864-233-0203.

Read on for more information about driver negligence in South Carolina:

What Is Driver Negligence?

According to South Carolina Statutes , it is illegal to drive a car in a way that is negligent or careless, and in a manner that may damage property or endanger other road users. Most injury-related claims will require the plaintiff to prove that the defendant acted negligently, and there are several ways to do this.

Proving negligence is easier in some cases than in others. For example, if a driver is under the influence of alcohol or drugs, according to a police report, then negligence is clear. However, if the at-fault party was speeding, eating or texting, the plaintiff’s claim may be more difficult to prove.

Inattention behind the Wheel

Driver negligence does not always involve intoxicated or erratic behavior. Often, it is the result of a few seconds of inattention.

Sadly, this is enough to cause significant property and physical damage. Here are some common examples of negligence that may result in a serious crash:

            ·       Reading a book or newspaper

·       Adjusting the car entertainment system

·       Looking at distractions on the side of the road

·       Texting or calling on a cellphone

·       Adjusting the seat

·       Consuming food or drinks

·       Reaching for the glove compartment or back seat

How Long Do I Have to File a Personal-Injury Lawsuit in South Carolina?

The statute of limitations for filing an injury lawsuit is three years in South Carolina. This timeframe begins on the date of the injury and ends when you file the lawsuit in court. If you do not file within the three-year time period, the court may refuse to hear your case.

Even if it seems easy to identify the at-fault party, the legal system can be unpredictable. This is why it is important to hire an experienced attorney who understands how to gather evidence and construct a legally sound claim.

If you have questions about filing a personal-injury lawsuit, contact the Churdar Law Firm. Greenville accident attorney Doug Churdar will assess your case and the supporting evidence to determine if you should pursue damages against the at-fault driver. Call us today at 864-233-0203 to get started.

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