Learn how to prove fault and maximize your compensation after a reckless driving accident in Columbia
The serenity of Columbia’s streets can be shattered in an instant by the recklessness of another driver. Speeding, distracted driving, and driving under the influence continue to plague our roads, leaving victims grappling with the physical, emotional, and financial fallout of preventable accidents.
If you’ve been injured in a crash caused by someone else’s reckless behavior, you deserve justice. This article aims to empower you with knowledge, exploring the common causes of reckless driving accidents in South Carolina, how to establish liability, and the types of damages you may be entitled to claim.
We’ll also address the complexities that arise when you may share some responsibility for the accident, shedding light on how South Carolina’s comparative negligence law could affect your compensation.
If you have additional questions or want help getting started with your claim, reach out to our experienced Columbia car accident attorneys to schedule a free consultation.
What counts as reckless driving?
Reckless driving generally refers to operating a vehicle in a way that shows a disregard for the safety of people or property. Common behaviors that are considered reckless driving include:
- Speeding or street racing
- Aggressive driving, including tailgating and weaving through traffic
- Driving under the influence of drugs or alcohol
- Running red lights or stop signs
- Driving while excessively tired or drowsy
- Distracted driving, including eating, talking on the phone, texting, etc.
- Failing to yield the right of way
- Illegal passing, such as in a no-passing zone
Penalties for reckless driving can include fines, license suspension, and even imprisonment, depending on the severity of the offense and the harm caused.
What are the most common injuries people experience in reckless driving car accidents?
Car accidents, whether minor or severe, can cause a wide range of physical and emotional injuries, and in some cases, they can lead to wrongful death.
According to the National Highway Traffic Safety Administration, in 2022, of the 1,094 car accident fatalities in South Carolina, the majority were attributed to reckless driving, with 474 crash-related fatalities caused by impaired drivers (43%) and 401 caused by speeding (37%).
Some of the most common injuries from these types of car accidents include:
- Traumatic brain injuries (TBI), including concussions and brain bleeds
- Whiplash and other neck injuries
- Burns and disfigurement
- Internal injuries, including organ damage and bleeding
- Spinal cord injuries and back injuries, often leading to chronic pain and paralysis
- Broken bones, especially the collar bone, ribs, legs, and skull
- Psychological injuries, including post-traumatic stress disorder and depression
Seeking immediate medical attention is crucial, as some injuries may not be immediately apparent. Failure to do so not only creates a risk to your health but could also compromise any future personal injury lawsuit.
What’s required for a successful reckless driving lawsuit?
For a successful personal injury lawsuit involving reckless driving, you’ll need to prove that another party’s negligence caused the accident and resulting injuries. To do this, you’ll need to establish that the other driver breached their duty of care.
What is duty of care?
In legal terms, duty of care refers to the obligation to act in a way that avoids causing harm to others. For drivers, this means operating a vehicle responsibly and following traffic laws. When a driver fails to meet this duty, they can be held liable for any resulting damages or injuries.
There are 4 main elements to consider when determining whether a driver has breached their duty of care. They include:
- The existence of a duty of care. This is fairly easy to prove in car accident cases, as every driver on the road automatically has a duty of care to others. This means they must operate their vehicle safely, obey traffic laws, and consider the safety of pedestrians, cyclists, and other drivers.
- Breach of duty. A breach occurs when a driver fails to meet the reasonable standards expected of them. Reckless driving is a clear breach because it shows a disregard for the safety of others.
- Causation. It must be proven that the breach of duty directly caused the accident and the resulting injuries or damages. The injured party needs to show that the driver’s reckless behavior was the primary cause of the accident.
- Damages. Finally, to claim negligence, there must be actual damages or injuries resulting from the accident. This includes medical expenses, property damage, lost wages, pain and suffering, emotional distress, and more.
Once these 4 elements are established, the next step is to gather evidence to support the personal injury claim.
What is Pain & Suffering & How to Calculate It in South Carolina?
Learn how non-economic damages like pain and suffering are calculated in a personal injury claim in SC.
What evidence do I need to prove negligence in a car accident lawsuit?
The following types of evidence may be useful in proving the other driver’s negligence:
- Police reports. These reports often include key details about the accident, such as statements from drivers and witnesses, and may cite the other driver for traffic violations or reckless behavior.
- Eyewitness testimony. Witnesses who observed the accident can provide valuable accounts of the reckless driving that occurred, further supporting the claim. If witnesses are willing to give statements at the scene, be sure to get their names and phone numbers.
- Traffic camera or dashcam footage. Video footage can capture the events leading up to the accident, showing the driver’s behavior and how it contributed to the collision.
- Photographs of the scene. Photos of vehicle damage, skid marks, traffic signs, and road conditions help illustrate the severity of the crash and the circumstances under which it occurred.
- Medical records. Detailed medical documentation links the injuries you sustained directly to the accident and can establish the extent of the harm caused.
- Expert testimony. Accident reconstruction experts can also help by analyzing the evidence and providing professional opinions on how the accident happened and the role of reckless driving in causing it.
By combining the elements of duty of care with supporting evidence, you can create a strong case for negligence in a reckless driving accident. This approach helps show that the other driver’s actions directly led to the crash and the resulting injuries.
What if I’m partially at fault for a car accident in SC?
If you’re partially at fault for a car accident, your ability to recover compensation depends on the laws of your state. In South Carolina, the state follows a modified comparative negligence rule, which means you can still recover damages even if you are partially at fault, but there are important limitations.
Under South Carolina law, you can only recover compensation if you’re less than 51% at fault for the accident. If you are found to be 51% or more responsible, you cannot recover any damages. However, if you are less than 51% at fault, your compensation will be reduced by your percentage of fault.
For example, let’s say you were involved in a T-bone accident where you were speeding 10 miles over the limit, but the other driver was recklessly weaving in and out of traffic and ran a red light. Both of you are considered at fault, but running a red light while driving recklessly is seen as more dangerous than speeding.
Under South Carolina’s modified comparative negligence rule, if you’re found to be 30% at fault for speeding and the other driver is found to be 70% at fault for reckless driving and running the red light and your total damages are $40,000, your compensation would be reduced by 30%. So, instead of receiving the full $40,000, you would get $28,000.
What damages can I recover from a reckless driving lawsuit?
In a reckless driving lawsuit in South Carolina, you may be able to recover 2 main types of damages:
- Economic damages. These cover measurable financial losses, such as medical bills, lost wages, property damage, and rehabilitation costs. They aim to compensate you for the expenses incurred due to the accident.
- Non-economic damages. These are for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. They compensate for the impact the accident has on your quality of life.
In cases of reckless driving, punitive damages may also be awarded to punish the driver for their dangerous behavior and deter future misconduct, although this is relatively rare. These damages are not tied to your actual losses but serve as a penalty for the driver’s recklessness.
How long after a car accident do I have to file a personal injury claim in SC?
In South Carolina, the statute of limitations for filing a personal injury claim after a car accident is generally 3 years from the date of the accident. If you miss this deadline, you may lose the ability to pursue compensation for your injuries.
However, certain circumstances might alter this timeline, such as cases involving minors or specific government entities. It’s important to consult with a local South Carolina car accident attorney to ensure you file within the appropriate time frame for your case.
Injured in a reckless driving accident in Columbia? We can help!
If you need legal help with your personal injury claim, don’t hesitate to reach out to the skilled Columbia car accident attorneys at Chappell, Chappell & Newman. For more than 30 years, we’ve been dedicated to fighting for the rights of accident victims throughout South Carolina.
Whether you’re dealing with medical bills, lost wages, or long-term injuries, our attorneys will advocate on your behalf to ensure you get the full compensation you’re entitled to.
At Chappell, Chappell & Newman, we understand how overwhelming the aftermath of an accident can be. As experienced personal injury attorneys, we can help guide you through every step of the process and work diligently to protect your rights, allowing you to focus on healing.
Contact us today for your free consultation, and let us help you take the first step toward reclaiming your life and securing the compensation you deserve.
References
State Traffic Safety Information (STSI). (2020). Dot.gov. https://cdan.dot.gov/STSI/stsi.htm#