Every ten seconds someone in the United States is involved in a car accident. Today, cars are made to crumble upon impact. Cars are designed this way so that the driver and passengers are better protected from personal injury. While cars have come a long way in safety, unfortunately, many car accidents still result in death and serious injury. In fact, automobile accidents give rise to the majority of personal injury claims in the United States.
The law of negligence typically governs the legal claims arising from automobile accidents. Negligence consists of: duty, causation (legal and proximate), breach and damages. In the automobile context, automobile drivers owe a duty to exercise reasonable care in operating their vehicle. The failure to exercise reasonable care results in a breach and thus, raises an inference of negligence. The Plaintiff bears the burden of proof in a negligence action which means he must prove the Defendant breached his duty of care and that his breach was the proximate cause of the accident and the actual cause of the Plaintiff’s injuries.
Courts look at several factors to determine whether a driver was acting negligently in the operation of their vehicle. Failure to exercise reasonable care may be found where the driver: disobeyed traffic laws or signals, failed to signal while turning, drove above the posted speed limit, and drove under the influence of drugs or alcohol.
Negligence is not the only legal theory of recovery for your personal injuries resulting from an automobile accident but it is the typical avenue to pursue when trying to recover for your personal injury damages. Call Daniel Selwa today to discuss your case. Attorney Selwa offers free consultations to determine if the other driver’s negligence will allow you to recover monetary damages. Don’t let your medical bills and property damage bills overwhelm you, instead pursue your case with Daniel Selwa so that the at fault driver has to compensate you for your damages.
Categories: Insurance Companies, Personal Injury, Uncategorized
Tags: accident, Automobile, Daniel Selwa, Duty of care, grand strand, Horry County, Insurance Company, law, Lawsuit, myrtle beach, Negligence, Personal Injury, Plaintiff, South Carolina, Traffic collision, wreck
Have you been involved in an automobile accident and sustained personal injuries as a result? Did you know you may recover for your medical expenses, lost wages, loss of earning capacity, intangible losses and loss of consortium?
For medical expenses, you may recover the costs for medicine, medical attendance, hospital expense and care, and nursing. Also, if you are going to require future medical procedures due to the injury-causing event then you may recover future medical expenses. Types of future medical expenses include the cost of any medically necessary attempt to heal or improve any injury or disfigurement. If you were employed at the time of the accident and had to miss work due to the injuries you sustained from the accident you may also recover lost wages. The amount of loss wages is determined according to the amount lost before trial. Loss of earning capacity may also be recoverable where the plaintiff can show the extent of the injury and how it will reduce future earning power. Intangible losses include pain and suffering and emotional/mental distress. There is no set formula for the recovery of pain and suffering; the jury determines the amount of damages to be awarded for pain and suffering. Loss of consortium includes the loss of services of a spouse as well as the loss of love and companionship.
Suppose you are involved in an automobile accident with a drunk driver. In addition to the remedies already mentioned, you may be able to recover punitive damages. Punitive damages are awarded where the plaintiff can show the defendant’s actions were malicious, wanton, willful, or in reckless disregard of the plaintiff’s rights. Driving while intoxicated is negligence per se and typically gives rise to punitive damages. You may also recover punitive damages where the at fault party was driving at an excessive speed or was driving a vehicle with the knowledge that the vehicle was in poor condition.
Filing a claim with your insurance company is not the only way to recover your damages. With an attorney, you can sue the at fault party personally to recover the additional damages you suffered such as the ones mentioned above: medical expenses, lost wages, loss of earning capacity, intangible losses and loss of consortium. Since damage awards can vary, you need a competent attorney on your side to ensure you recover the maximum amount of damages. Daniel Selwa is a personal injury attorney in the Myrtle Beach area who is experienced in handling personal injury cases. Call him today to set up your free consultation.