One of the reasons we refer to car crashes as accidents are because that’s what they are. Most accidents are the result of someone making a mistake. Maybe they don’t brake fast enough. Or, they don’t see a stop sign and run through the intersection. Very rarely does someone get into an accident on purpose. Sure, there are situations when someone gets into a crash because of road rage. But, for the most part, people do what they can to avoid getting into a car crash.

Most of the time, your Greenville car accident lawyer can determine who was at fault. For example, if the other driver hit you from behind, they’ll almost always be deemed at fault. They have the last chance to avoid the crash. And, you can’t do anything to prevent them from rear-ending you. But even in these cases, the crash was an accident. The other driver didn’t hit you on purpose.

Things can get tricky when the accident isn’t really anyone’s fault. Both drivers may have driven as carefully as possible. If the weather is inclement, there’s a good chance that you can get into a crash. In these cases, your lawyer will have to prove that the other driver was actually negligent. If they can’t do this, you probably won’t have a claim for damages.

How Do You Prove Negligence in a Car Accident Case?

In most car accident cases, your Greenville injury lawyer will have to prove negligence. In order to do this, they need to prove the following 4 things:

• The other driver owed you a duty of care – This isn’t difficult to do. Anyone who gets behind the wheel owes all other motorists a duty of care. At a minimum, this requires them to follow all traffic laws.
• They breached their duty – if the other driver doesn’t exercise reasonable care while behind the wheel, they will have breached their duty. For example, if someone is texting and driving, they’ve breached their duty of care.
• You were injured – In order to sue, you need to suffer an actual injury. It’s not enough to show that you were in a crash. You have to show that you were hurt or suffered personal property damage.
• The injuries were caused by their breach – You do have to demonstrate that your injuries were caused by the crash. If the defendant can show that something other than the accident caused your injuries, you may not recover damages.

Your Greenville car accident lawyer is going to fight to get you the compensation you deserve.

How Can Weather Impact Your Case?

The one equalizer when it comes to car accidents is bad weather. If it’s snowing or raining out, it can get pretty dicey. If your South Carolina car accident was really caused by bad weather, you may not be able to recover from the other driver. But they won’t be able to recover from you either. Nobody can control the weather. However, even in inclement weather cases, the other driver may be found negligent.

Imagine that there are torrential downpours. The speed limit on a certain road is 25 mph. The defendant is doing 45 in a 25, despite the bad weather. If they crash into you, they will still be found negligent. The rain had nothing to do with the fact that they were speeding. This can’t be an excuse to get out of being held liable.

Call an Experienced Car Accident Lawyer in Greenville Right Away

If you or your loved one are hurt in a car accident, you should call our office. You need to focus on recovering from your injuries. The last thing you’ll want to do is fight with the insurance company. This is why you should call an experienced car accident lawyer and schedule your initial consultation. It’s absolutely free and you don’t owe anything until you settle or win your case. 

During your consultation, your attorney is going to listen to your story. Make sure you bring any documentation related to the accident. Your South Carolina injury lawyer needs to review all the information in order to let you know if you have a case. Make sure you’re upfront and honest with your lawyer as well. They can only prepare your case if they have all the information and know the truth.

Call today and schedule your free consultation. The defendant will have a lawyer working for them and you should too.