Drunk Driving Accident Lawyer Fairforest

If you or a loved one has been involved in a drunk driving accident in Fairforest, the aftermath can be overwhelming. At Langley Law Firm, we understand the emotional and financial toll such accidents can take on victims. Our team of attorneys is dedicated to fighting for your rights and securing the compensation you deserve. With a proven track record in handling drunk driving accident cases, we offer a free consultation to assess your situation and help guide you through the legal process. Call us today at (864) 667-6144 to speak with a drunk driving accident lawyer who will advocate for your best interests.

What to Do If You Are Partially at Fault in a Drunk Driving Accident

Drunk driving accidents can be complicated, especially when both parties involved share some degree of fault. If you were involved in an accident where you were partially at fault, you may wonder how that affects your ability to recover compensation. The law surrounding these cases is nuanced, and how much compensation you can receive will depend on various factors, including the laws in Fairforest and your level of responsibility for the crash.

Understanding Comparative Fault in South Carolina

In South Carolina, the legal concept of comparative fault plays a key role in determining liability in accidents. Under this system, fault is not an all-or-nothing concept. Instead, each party involved in an accident is assigned a percentage of fault. If you were partially at fault for a drunk driving accident, the amount of compensation you receive could be reduced by your percentage of responsibility.

For example, if a court determines you were 20% at fault for the accident, your compensation may be reduced by 20%. However, if you are found to be more than 50% at fault, you may be barred from recovering any damages at all, depending on the severity of your contribution to the accident.

What Happens to Your Claim if You Are Partially at Fault?

If you are partially at fault in a drunk driving accident, it can complicate your claim but doesn’t necessarily mean you will be unable to recover compensation. The following factors can influence your ability to seek damages:

The Role of the Drunk Driver

In any drunk driving accident, the other driver’s level of impairment is a significant factor. If the other driver was intoxicated and their actions were a major cause of the crash, you may still be entitled to compensation. Even if you share some fault, the law often recognizes that drunk driving creates a dangerous and negligent situation, giving the injured party more leverage.

Assessing the Impact of Your Fault

Your level of responsibility for the accident matters. For example, if you were speeding but the other driver ran a red light while intoxicated, you may be partially at fault, but the drunk driver’s actions still played a major role. The court or insurance companies will consider how much each party’s actions contributed to the accident before determining how much you should receive in damages.

Insurance Companies and Shared Fault

Insurance companies may initially offer settlements that account for shared fault. This can often be lower than what you deserve because insurers aim to minimize their costs. If you are partially at fault, the company may try to reduce your payout based on your percentage of responsibility. Having a skilled personal injury lawyer can help ensure that the insurance company doesn’t take advantage of your situation.

Proving Fault in a Drunk Driving Accident

Proving fault in an accident where both parties share some responsibility can be tricky. In order to protect your right to compensation, it’s essential to gather strong evidence that demonstrates the other party’s intoxication or reckless behavior. Here are a few ways to strengthen your case:

Document the Scene

Take pictures and videos at the scene of the accident, if possible. This documentation can help show the extent of the damage, road conditions, and any factors that contributed to the crash. If you have visible injuries, make sure these are also documented.

Police Report

A police report can be crucial when determining who was at fault. If the other driver was arrested for DUI, this can be an important piece of evidence. Be sure to obtain a copy of the police report as it will help establish the circumstances surrounding the accident.

Witness Statements

Eyewitnesses can be valuable in these cases. If anyone saw the accident unfold or noticed signs of the other driver’s intoxication, their statements could help support your claim and show that the other driver was primarily responsible for the accident.

Expert Testimony

Sometimes expert testimony is needed to help prove fault in complicated accidents. For instance, accident reconstruction experts can analyze the physical evidence from the crash and offer opinions on how the accident occurred. Their testimony may be helpful if fault is unclear.

Navigating the Legal Process with Partial Fault

If you find yourself partially at fault in a drunk driving accident, it’s important to consult with an experienced personal injury lawyer. Here’s why:

Reducing the Impact of Your Fault

An experienced lawyer can help you understand how your level of fault impacts your claim. They can also work to reduce your percentage of fault by challenging evidence or presenting mitigating circumstances that show the other party was more at fault.

Negotiating with Insurance Companies

Insurance companies will often try to take advantage of claimants who don’t have legal representation, offering low-ball settlements that don’t adequately cover medical bills, lost wages, and pain and suffering. A lawyer will fight for fair compensation, regardless of your percentage of fault, ensuring that your damages are calculated accurately.

Filing a Lawsuit If Necessary

If the insurance company refuses to offer a fair settlement or if the case is too complex to resolve through negotiation, your lawyer can file a lawsuit on your behalf. Going to court may seem daunting, but an attorney can guide you through each step of the process and represent your best interests.

Let a Dedicated Drunk Driving Accident Lawyer Fight for Your Future

When you’re dealing with the aftermath of a drunk driving accident, you need a lawyer who is compassionate and dedicated to your recovery. At Langley Law Firm, we are here to fight for your rights every step of the way. Our team has the skills to navigate the complexities of drunk driving cases and secure the compensation you need to move forward. Don’t face this challenging time alone—contact us today for a free consultation at (864) 667-6144 and let us help you get the justice you deserve.