When we are going about our daily business, the last thing we want to happen is a motor vehicle accident. In today’s busy and technology-saturated world, however, these crashes are incredibly common, especially when it comes to drivers who are traveling at excessive speeds. Greenville and Spartanburg car accident attorney Patrick E. Knie has helped many victims throughout South Carolina bring a claim against a driver responsible for their harm. He is ready to put his experience in personal injury law to use for you and your family.Seeking Compensation after a Speeding Crash
A claim against a driver who caused you to suffer injuries and losses is usually brought as a type of negligence case. A negligence lawsuit revolves around the issue of whether the defendant exercised the appropriate level of care and skill at the time of the accident. The standard of care is based on how a reasonable and prudent driver would have acted in a similar situation. A common example of failing to exercise due care is a driver who egregiously violates the posted speed limit.
Under the negligence per se doctrine, if the defendant violated a statute at the time of the accident, there is a rebuttable presumption that he or she acted negligently. South Carolina has enacted a wide range of statutes and rules that affect drivers, including laws that require them to obey posted speed limits and reduce speed in certain areas, such as school zones and residential communities. Generally speaking, someone who breaks a traffic rule like a speed limit would be deemed to have breached the standard of care. This is because a reasonable person likely would not break the law.
After showing that the defendant did not meet the standard of care at the time of the accident, the plaintiff must show that this failure was the direct cause of his or her injuries. This means that there was not an intervening factor that resulted in the accident and that it was a reasonably foreseeable result of the defendant’s breach. Finally, the plaintiff must show that he or she suffered actual damages, which may include medical expenses, lost wages, loss of future earning capacity, pain and suffering, and property damage.
Since the impact tends to be significant, a speeding collision can result in severe injuries or even death in some unfortunate situations. Under South Carolina law, a victim’s surviving heirs can bring a wrongful death action to seek compensation for the loss of their loved one.Contact a Dedicated Car Accident Lawyer in Greenville or Spartanburg
If you or someone you love has been struck by a speeding driver, motor vehicle collision lawyer Patrick E. Knie can help. Unexpected crashes are devastating for those involved. Spartanburg and Greenville car accident attorney Patrick E. Knie can guide you and your family through each stage of the litigation in pursuit of the settlement or judgment that you deserve. We proudly serve people throughout Spartanburg, Cherokee, Union, Greenville, and Laurens Counties, among other areas of South Carolina. Call us at 864-582-5118 or contact us online to set up a free consultation.