Spartanburg Stop Sign Accident Lawyer
Stop signs are the most common traffic calming measure on side streets. However, stop signs usually appear irregularly. There’s not a stop sign on every corner, because although planners want to lower traffic speed, they want to keep traffic moving. As a result, many drivers either completely ignore stop signs or roll through them. Either breakdown could cause a serious crash.
The dedicated Spartanburg stop sign accident lawyer at The Stanley Law Group is committed to the rights of victims. This commitment begins with a thorough case evaluation that breaks down all your legal options. Next, we diligently collect evidence that supports your claims and refutes insurance company defenses. So, when the case goes to court, we are well-positioned to obtain maximum compensation for your serious injuries.
How Spartanburg Stop Sign Accident Lawyers Build Cases
Vehicle collision and other injury claims are based on negligence, which is basically a lack of care. In South Carolina, an ordinary negligence claim has four basic elements:
- Duty: Most drivers have a duty of reasonable care. They must drive defensively and avoid accidents when possible. This duty applies to pre-driving behavior as well. Before they get behind the wheel, drivers must be sober, well-rested, and otherwise fit to safely operate a motor vehicle.
- Breach: Drivers breach their duty of care when they drive aggressively or while impaired. Ignoring or rolling through a stop sign may be the classic example of aggressive driving. Other kinds of collision-causing aggressive driving include speeding and turning unsafely. Alcohol intoxication (complete loss of faculties) and impairment (partial loss of capacity) is the most common kind of driver impairment. Others include drug use and fatigue.
- Cause: South Carolina is a substantial cause state. A Spartanburg truck accident lawyer usually refers to substantial cause as but-for cause. For example, a wet road might contribute to a wreck. But the wreck would not have happened “but for” the tortfeasor’s negligence, which was probably driving aggressively or while impaired.
- Damage: Usually, the victim must sustain a physical injury, either personal injury or property damage, to obtain compensation for injuries. This compensation usually includes money for economic loss, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
The negligence per se shortcut could apply in some cases. If the tortfeasor violated a safety law and emergency responders issued a citation, and that violation substantially caused injury, the tortfeasor could be liable for damages as a matter of law.
Usually, a third party is financially responsible for damages in these cases. According to the respondeat superior doctrine, employers are liable for damages their employees negligently cause during the course and scope of their employment.
Resolving a Case
Usually, a Spartanburg stop sign accident lawyer settles these claims out of court. However, they usually do not settle quickly, and for good reason.
Frequently, the best evidence, such as the aforementioned independent medical evaluation, is not immediately available. Furthermore, if the settlement does not fully account for all possible future medical expenses, the victim could be financially responsible for these costs.
So, informal settlement talks usually begin after medical treatment is at least substantially complete. Normally, the lawyers on each side exchange letters or phone calls.
If the informal process stalls or breaks down, the judge usually appoints a third-party mediator. The mediator ensures that both sides negotiate in good faith. “I’ll see you in court” is not a good-faith negotiation position. Mostly because of this legal responsibility, civil mediation is about 90 percent successful in South Carolina.
Count on a Savvy Spartanburg County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced stop sign accident lawyer in Spartanburg, contact The Stanley Law Group. We do not charge upfront legal fees in these matters.
