South Carolina Injury Attorneys
Car Accidents Are a Leading Cause of Injury in the U.S. Work with Our Firm to Seek Proper Compensation.

Car Accident Liability

Who’s Responsible for Your Car Accident?

When it comes to preventable car accidents, victims have the right to seek justice and compensation for their damages by pursuing a personal injury case. Although they have this right, there is no guarantee that compensation will be automatically awarded, or that it will be enough to meet victims’ needs. That’s because personal injury lawsuits require victims to prove a few essential elements in order for them to win – one of the most important of which is liability.

If you’ve been injured in a car accident in Greenville or anywhere throughout South Carolina, Christian & Davis LLC has the experience and resources needed to help you protect your rights to compensation. With decades of collective experience, our legal team knows how to conduct the necessary investigations to establish fault and liability, and how to fight back against insurance companies that only want to pay victims as little as possible.

Learn more about liability in your car wreck case by contacting our firmfor a free consultation.

Proving Fault & Liability

Liability as it relates to personal injury cases refers to the financial responsibility a defendant has for compensating any victims they harm as a result of their negligence. By filing a claim or lawsuit against a defendant, victims allege that the defendant should be held liable for their damages – including their medical expenses, pain and suffering, lost wages and more. Proving liability, however, is a matter that requires victims (or more often their attorneys) to prove a few important elements. These generally include:

  • A legal duty existed – For any personal injury lawsuit to be valid, there must have been a legal duty owed to the victim by the defendant. This is known as a “duty of care,” and it can exist in many different ways. In the context of car accidents, however, the duty of care is typically a motorist’s legal obligation to safely operate their vehicle.
  • Failure to uphold duty – Victims must also prove that a defendant failed in some way to uphold their legal duty of care. In most car accident cases, this breach of duty arises as a result of negligence. For example, driving drunk is an explicit failure to uphold a motorist’s obligation of safely driving their vehicle.
  • Damages – In order to hold a defendant liable, victims must have suffered actual damages resulting from the defendant’s negligence. This can include any economic and non-economic damages they suffered as a result of the accident and their injuries, such as medical bills, physical pain and suffering, lost income, and emotional injuries.

While these general elements are necessary to hold a person or entity liable for a car accident, proving liability is a matt that varies from case to case. That’s because there can be a number of factors that cause auto accidents, as well as various parties who can be held liable – whether it’s a negligent driver, a trucking company that negligently violated safety regulations, or an automaker that designed a defective vehicle or auto part.

Learn More About Your Auto Accident During a FREE Consultation

Backed by over a century of collective experience, our Greenville car accident attorneys at Christian & Davis LLC are available to help local residents and families learn more about their rights after a preventable auto accident. By calling us for a free initial consultation, you can have your case personally reviewed by a member of our team, and find out whether you may be able to hold someone liable for the damages you suffered. To get started, contact us today.

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