What Should I Do After a Car Accident in Greenville?

In the moments immediately following a car accident, there can be a whirlwind of pain, disbelief, and emotions. Your first priority should be to ensure that the vehicle is in a safe area and that you and anyone else in the vehicle receive the medical attention they need immediately. nCall 911 right away to report the accident. As you wait for the police to arrive, exchange contact information and insurance information with the driver who hit you. Be civil, but avoid discussing fault or blame: this is a time when anything you say may be used to deny or minimize your compensation later on.nIf your camera is undamaged, take photos of the damaged cars, the accident scene, and any other relevant details. Ask a bystander for assistance if you are injured and unable to do so safely. nAs soon as the police arrive, they will create a report that you can use as evidence in your personal injury claim. You should then seek medical attention since some injuries do not present symptoms right away. Go to the ER or see your doctor as soon as possible. Once your injuries are confirmed, contact an experienced Greenville car accident attorney who can help you get your claim started.

When Should I Hire an Attorney for a Car Accident?

After the insurance company learns of the accident, a claims adjuster will reach out to ask you about the crash and your injuries. It can be easy to forget that the friendly person on the line is more interested in protecting their company's profits than paying you the compensation you are entitled to. If you say the wrong thing, your claim could be minimized or even rejected.nWhen you work with The Derrick Law Firm, Attorney Brooks Derrick will calculate the full value of your claim and handle all negotiations with the insurance company. Having a legal team by your side will make filing a car accident claim far less stressful: you will be able to spend more time healing as your attorney handles the paperwork and deals with the adjuster.

How Much Does a Greenville Car Accident Lawyer Cost?

If you’ve been injured in a car accident, you’re likely dealing with the dual stress of high medical bills and no income. These financial pressures may leave you wondering whether you can afford to hire a personal injury attorney for your accident claim.nThe good news is that you can. At The Derrick Law Firm, we offer free initial consultations to all new clients and take personal injury cases on a contingency fee basis, meaning that we recover our fees from your settlement or award. If we fail to make a financial recovery for you, you owe us nothing at all. Call us today to learn more.

What if I Contributed to the Accident?

South Carolina observes the modified comparative fault rule in personal injury claims. This rule states that the amount of damages a plaintiff can recover is reduced by the percentage of their fault. For example, if you are found to be 30% to blame for an accident and receive $100,000 at trial, you will receive $70,000 instead.nAdditionally, if the plaintiff is more than 50% at fault for their accident, they may not seek damages from the other party or parties at all. For this reason, auto insurers often look for any opportunity to prove that your fault exceeds the threshold. Your Greenville car accident lawyer will take steps to prevent the insurance company from unfairly reducing or even denying your compensation.

Why Do Most Greenville Car Accidents Happen?

While some factors that lead to major car accidents, such as inclement weather, are impossible to control, others can be blamed on driver carelessness or negligence. These factors include but are not limited to:nSpeeding: Speeding is a leading cause of car crashes in Greenville, throughout South Carolina, and across the nation. In the same way, a wreck can also result from driving too slowly when other drivers are expecting a vehicle to complete a maneuver within a certain timeframe.nDisobeying Traffic Laws: Apart from speeding, drivers commonly violate other traffic laws that are in place to protect us. When drivers disregard traffic signals, ignore signs, or otherwise violate traffic laws, they may set the stage for a collision.nDriving Under the Influence (DUI): According to the CDC, 3,299 people were killed in crashes involving a drunk driver in South Carolina from 2009 to 2018. Drunk driving is a leading cause of traffic fatalities across the United States, accounting for more than 10,000 deaths every year.nDistracted Driving: Distracted driving includes all activities that take a driver's eyes off the road, from texting and looking at a smartphone to eating food or picking up an object that falls inside the vehicle. The National Highway Traffic Safety Administration (NHTSA) reported that nearly 3,200 individuals died in distraction-related accidents in 2019.

Greenville Rideshare Accident Lawyer

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Greenville Rideshare Accident Lawyer

It’s now easier than ever to get a ride. In the not-too-distant past, taxi service was often unreliable or even unavailable depending on where you lived. Today, you just need a smartphone and an app to get a ride.

Of course, just because apps like Uber and Lyft are easy to use doesn’t mean that they’re safe. These companies are responsible for millions of rides each year, but their drivers have no special training and use their own cars. In addition, when a rideshare driver causes an accident, figuring out who is responsible for your losses can be complicated.

At the Derrick Law Office, we are dedicated to fighting for the rights of injury victims. We have extensive experience untangling the insurance issues that are common in these types of cases. If you’d like to learn more or to talk to a Greenville personal injury lawyer, give us a call to schedule a free consultation with a member of our legal team.

Who Is at Fault for a Rideshare Accident?

In South Carolina, personal injury lawsuits are usually based on a theory of negligence or carelessness. A person is considered negligent when they fail to use the level of care that a reasonable person would use in a similar situation. There are four elements to negligence:

Duty: the at-fault party (defendant) had a duty to use reasonable care while driving their motor vehicle.
Breach: the defendant violated that duty in some way.
Causation: this violation caused injuries to someone else (the plaintiff). If the violation was the “but for” cause of the accident, then the causation element has been satisfied.
Damages: the plaintiff suffered losses as a result.

A plaintiff must prove all four elements to recover compensation in a rideshare accident claim.

According to data from the National Highway Traffic Safety Administration (NHTSA), driver error is the leading cause of motor vehicle accidents. Driver error – or negligence – can happen in any number of ways, such as:

Speeding
Failure to yield
Distracted driving
Running a red light or stop sign
Not checking before turning
Drunk or drugged driving

With rideshare accidents, there may be other potential causes – such as a driver checking the app, being distracted by passengers, or simply being unfamiliar with where they are driving. No matter the cause, if the rideshare driver caused the crash, then you can file a lawsuit against them with the help of an experienced Uber accident lawyer. The question will then become which insurance company is financially responsible for your losses: the driver’s personal auto insurance or Uber or Lyft’s commercial policy.

Filing a Rideshare Accident Lawsuit

When an accident is caused by an Uber or Lyft driver, there are two potential sources of recovery: the driver’s personal car insurance policy or the company’s commercial liability insurance policy. Coverage typically depends on what exactly the driver was doing at the time of the accident.

If the driver has the app off or is otherwise not working when the accident occurs, then their own insurance policy will cover any losses from the collision. South Carolina has fairly low insurance requirements of just $25,000 per person for bodily injury (up to $50,000 for the entire accident) and $25,000 for property damage. If you have substantial damages from the accident, then these policy limits may not be sufficient to pay for all of your losses.

If the driver has the app on and is waiting for a passenger when the crash occurs, then you can file a claim against Uber or Lyft’s commercial insurance policy. However, in this situation, the limits are still relatively low: up to $50,000 in bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in proper damage per accident.

Finally, if the driver is either in the process of picking up a passenger or has a passenger in their vehicle when the crash happens, then you can access the corporation’s full $1,000,000 commercial policy. Anyone who is hurt in this type of accident can seek compensation from this policy, including passengers in the Lyft or Uber, other drivers, and their passengers, pedestrians, and/or bicyclists.

Importantly, rideshare drivers in South Carolina are considered independent contractors rather than employees. This can make it harder to go after the company if one of its drivers causes an accident. An aggressive Lyft accident lawyer can work with you to determine the best course of action to get you maximum compensation for your lost wages, medical bills, pain and suffering, and other losses.

How Our Law Firm Can Help

Any type of car accident can lead to complex, confusing legal issues. When the at-fault driver works for Uber or Lyft, however, it can be even more difficult to figure out who exactly should be paying for your losses. The Derrick Law Office will fight for your right to full compensation.

Our law firm understands how difficult the weeks and months after a motor vehicle accident can be, as you struggle to overcome your injuries, deal with emotional trauma, and worry about finances. Our goal is to make the process of filing an insurance claim as easy as possible for our clients. We offer free initial consultations, and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Greenville rideshare accident attorney, give us a call at 864-531-7765 or fill out our online contact form.

Question 1:

What Compensation Am I Entitled to After a Rideshare Accident in Greenville, SC?

Answer 1:

While each case is unique, you will typically be able to recover two types of compensatory damages after a rideshare accident: economic and non-economic. These damages cover both your direct financial losses (like medical bills, property damage, and lost wages) as well as intangible losses (such as pain and suffering, scarring, disfigurement, and loss of enjoyment of life). In some cases – such as drunk driving accidents – you may also be able to recover punitive damages.

Accidents involving Ubers or Lyfts can be more challenging than other types of motor vehicle crashes. Derrick Law Office is skilled at navigating these complexities, and won’t hesitate to take on these major corporations and their lawyers. Give us a call today to talk to a Greenville rideshare accident lawyer about your claim.

Question 2:

The Company’s Insurance Adjuster Is Offering Me a Settlement. Should I Take It?

Answer 2:

You should not sign anything, make a statement, or accept a settlement in a rideshare accident case until you have had a chance to talk to a personal injury law firm. Big companies like Uber and Lyft – and their even bigger insurance companies – aren’t interested in making sure you get the most possible money for your losses. Instead, their goal is to get rid of the case for as little money as possible.

The best way to get maximum compensation for your injuries is to work with a Greenville rideshare accident attorney. They will explain your rights and options during a free initial consultation, and then get to work immediately to get you a full and fair settlement. Reach out to the Derrick Law Office today to learn more about how we can help.

Question 3:

I Can’t Afford to Pay a Lawyer for My Rideshare Accident. What Should I Do?

Answer 3:

Personal injury lawyers work on a contingency fee basis. This means that you pay nothing upfront, and only pay a fee if they recover money for you through a settlement or verdict at trial. In other words, you don’t have to dip into your savings to pay a retainer or hourly fee to hire a lawyer.

People who are represented by counsel in personal injury cases recover an average of 40% more than people who represent themselves. For this reason, it is a smart financial decision to hire a Greenville rideshare accident attorney. Give our law office a call today to schedule a no-cost, no-obligation appointment.