Have you been hurt due to the negligent driving behaviors of another in Anderson County, South Carolina? Under South Carolina auto accident law injury victims may be able to recover damages for their injuries, pain, suffering, medical care costs, economic and financial losses. Consulting with our Anderson County car accident lawyers who handle auto accident claims makes sense.
Please let the Anderson County car accident lawyers at The Law Offices of Ryan Montgomery help you. Dial (864) 373-7333 or click here for a free consultation. Mr. Montgomery handles accident, injury, workers comp and wrongful death claims on a contingency fee basis meaning he charges no fee unless he recovers for you. Mr. Montgomery serves all of S.C. including Aiken County, Anderson County, Lexington County, Richland County, Spartanburg County and Sumter County.
What to Do After A Car Accident
1. Contact the police and call for an ambulance, if necessary. Make sure you alright before proceeding from here.
2. Seek immediate medical care . Waiting too long can prevent you from recovering what you should be entitled to. The longer the gap between medical treatment the more likely it is that those medical expenses are not considered in your accident claim.
3. Do not discuss the accident with anyone and, especially, do not accept blame or fault. this would include posts on Facebook, Twitter, etc. about the accident.
4. Exchange only licenses, registration and insurance information.
5. Write down the name, address, driver’s license number, date of birth, sex and phone number of all other drivers involved.
6. Write down the name, address, and insurance company information for all the vehicles involved.
7. Be sure to write down the names, addresses, and phone numbers of any witnesses.
8. Submit your FR-10 Report Immediately to your insurance company.
Dealing with Your insurance Company After An Automobile Accident
While your insurance company may be more than willing to help you after your they may not be the ones to call first and ultimately may not have your best interests in mind. You should remember insurance companies have certain tactics they use after an accident. This is why hiring an experienced injury lawyer will help maximize your benefits. If you are hurt, got to the hospital. Your insurance company can wait. If you insist on dealing with the insurance company then there are 10 things to remember when dealing with your insurance company.
Make sure to remember the following:
- Never estimate or guess about anything concerning your accident.
- Never give a recorded statement without your lawyer present. Once something has been recorded it’s very hard to then make additions or changes to things you once stated.
- Never accept fault or blame for your accident
- Never accept an offer on your own- at least consult with an experienced car accident lawyer.
- Never tell an insurance company you do not have a lawyer. A lawyer can be instrumental in getting you the settlement or verdict you deserve. If an insurance company learns you do not have a lawyer, they may think you do not know how to calculate your damages. An experienced attorney will be able to get you the maximum benefit for your damages.
DUI Accident Liability
A group of friends meet up for a happy hour, coworkers stop by a local bar to catch the game after a long workweek or a few too many drinks are consumed when enjoying a meal out. There are many scenarios that can lead to a fun social event and they happen all the time in the Anderson County, S.C. area. However, each individual should be aware of their alcohol consumption prior to getting behind the wheel.
Driving under the influence accidents can be tragic. In some cases, drivers may not be the only ones held accountable for any injuries that result. Certain circumstances can lead to liability for bars, restaurants and other alcohol retailers. These establishments can be held liable under a group of laws referred to as dram shop laws.
These cases are not easy to establish. One tool that can help is the obvious intoxication test. This test is used to show that the person purchasing alcohol was clearly intoxicated when the bartender made the decision to serve additional alcohol. In these situations serving more alcohol would clearly endanger not only the patron but could also result in that patron being a danger to others.
S.C. Dram Shop Liability Laws
The use of dram shop laws was recently applied in a case that led to a settlement of over $12 million out of Pennsylvania. In this case, the driver had visited many bars. Statements from witnesses note that he had consumed so much alcohol he was literally falling down when he entered one of the bars. It is estimated that the driver consumed over 30 alcoholic drinks prior to getting behind the wheel.
The driver operated his vehicle at a rate between 70 and 80 mph in a zone with a posted speed limit of 40 mph prior to crashing into the victim’s vehicle. The impact led to the death of the driver of the other vehicle and his two passengers. The driver had a blood alcohol content (BAC) of 0.23, almost three times the legal limit of 0.08. He is currently serving a prison sentence which could last up to 14 years.
Many of the bars that the driver stopped at are being held liable for the accident. The driver began his night drinking at a hockey game. The company that manages the arena is paying almost half of the settlement, three separate bars are paying anywhere from one to half a million and the driver is paying $50,000.
Building a case to hold bars, restaurants or other establishments responsible for their actions can be difficult. If you were injured in a similar accident and believe a dram shop charge may apply in your situation, contact an experienced personal injury attorney to discuss your case and better ensure your legal rights are protected.
Why Hire A Car Accident Attorney?
One of most common questions Mr. Montgomery receives is why an injury victim should hire a motorcycle accident, car wreck or truck crash attorney. Obviously when answering this question Mr. Montgomery is biased and bases his answer on past results and comparisons of people that hire an attorney versus not hiring an attorney. Mr. Montgomery can also answer based upon “take it or leave it” offers extended to our clients before they retain an Anderson South Carolina auto accident attorney compared to what we ultimately secure as their recovery. Recently, CNN’s anchor Anderson Cooper conducted an investigative report on some of the insurance industry leaders such as Allstate and State Farm Insurance and how they go about handling accident claims.
Anderson Cooper’s investigation revealed that some of the industry leading insurance companies are profiting billions of dollars by underpaying auto accident victims. It highlights some of the South Carolina insurance adjuster methods of dealing with claims. The money the insurance companies take by denying accident victims would otherwise be distributed to pay for doctor visits, lost wages, physical therapy and other medical modalities. However, insurance companies have adopted new strategies that make “take it or leave it” payout offers without realistic case valuations. These “take it or leave it” offer only covers a fraction of the victims’ expenses.
According to the Anderson Cooper video, Roxanne Martinez was featured on CNN as she was hit by an SUV on the passenger side of her vehicle. The accident caused Roxanne to hit her driver-side window, resulting in severe spine damage. Roxanne’s medical bills quickly increased and she thought Allstate, the insurance company of the at-fault driver would at least pay her medical bills.
Almost three years later, Roxanne found herself still fighting Allstate. The insurance company offered her $15,000 which did not even cover her medicals bills. She was forced to hire an attorney and fight this low ball offer.
Contact Our Anderson, SC Personal Injury Lawyers If You Need:
Anderson County car accident lawyers
Auto accident lawyers Anderson, SC
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Dial (864) 373-7333 for a free consultation. Mr. Montgomery handles accident, injury, workers comp and wrongful death claims on a contingency fee basis meaning he charges no fee unless he recovers for you.
Anderson South Carolina Injury Attorney Ryan Montgomery handles claims throughout midlands and upstate South Carolina including Aiken, Anderson, Charleston, Clemson, Columbia, Belton, Easley, Hilton Head Island, Pelzer, Starr, Williamston, Pendleton, Goose Creek, Greenville, Greer, Laurens, Mount Pleasant, Myrtle Beach, Newberry, Simpsonville, Mauldin, Rock Hill, Sumter, Spartanburg, Summerville, West Columbia, Duncan, Inman and Chesnee, South Carolina.