With the holiday driving season fast approaching here in South Carolina, people will be taking to the roads in larger numbers than they have all year.
And with all things surrounding humans and vehicles, when there is an increase in people, there is a good chance for increased accidents.
However, not all motor vehicle accidents are created equal. There are many types of accidents that a person might encounter while driving. In this post, we’ll outline a few accident topics, their possible defenses, and how to handle them, no matter who is at fault.
Determining who is at fault is the first thing officers on the scene of an accident do. It is important for the victims of motor vehicle accidents that the negligent party is identified quickly. In order for insurance companies, attorneys, and courts to perform as intended, the accident contributors must be recognized.
Statute of Limitations
If a person decides to sue the negligent party involved in an automobile accident, they must do it within the guidelines of time as it was decided by the law. If they fail to do so, that means the case will be dismissed.
For more information, here is South Carolina’s statute deadline, under Title 15, Ch. 3, Sec. 15-3-530.
At “Fault” Defense
At fault defense (sometimes called liability defense) is when the “negligent” party claims that they were not totally to blame for the accident.
A good defense attorney will work to limit their client’s payment responsibility by demonstrating that the plaintiff was partially responsible for the accident.
Failure to Mitigate Injury
When a person is injured in a motor vehicle accident, their injuries may not be made worse by them under the law. If you do not take care of yourself, your monetary recovery might be reduced.
When a plaintiff is caught lying about the severity of their injuries, a skillful attorney knows how to catch the plaintiff in a lie. By exposing their injury mitigation failure, an attorney can motion to have the lawsuit thrown out of court or have the amount of monetary compensation reduced.
If you are the victim of a motor vehicle accident, and you have been sued for negligence, your only chance of winning is to hire a skilled and experienced car accident attorney.
Please contact us to find out how we can help you defend yourself.