Charleston Aggressive Driving Accident Attorney

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Injured in a Charleston Aggressive Driving Car Accident?

After an accident with an aggressive driver in Charleston, your first discussion about fault or liability could be with an insurance assessor. Their first priority, whether they are working for your insurance company or the other driver, is to protect the bottom line of the insurance company, not you.

At Allen Law, we work to protect your rights and ensure that you and your family receive the maximum compensation. We provide over 10 years of experience representing Charleston car accident victims and the benefits of a personalized law firm. This includes in-depth knowledge of local courts and judges and individual attention to your case. We offer free consultations and won't collect any fees until you have received an award.

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Call Allen Law today at (843) 882-5005.

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As a smaller client-focused firm, we treat clients as real people — not file numbers”
- Julian Allen

What is Aggressive Driving?

Aggressive driving is operating a vehicle in a manner that shows no concern for the safety of others. South Carolina prosecutes incidents of aggressive driving under existing codes for Reckless Driving (S.C. Code Ann. § 56-5-2920). Even if a driver is found not guilty of reckless driving in a criminal trial, damages could be awarded in a civil trial. Aggressive driving includes:

• Swerving in and out of lanes
• Excessive speeding
• Brake checking
• Cutting off other drivers or blocking them in a lane
• Driving on the shoulder, median, or sidewalk
• Passing where prohibited
• Failure to follow posted signs, traffic officers, signals, and warnings
• Street racing
• Excessive honking
• Yelling or screaming

Statistics About Aggressive Driving Accidents

Aggressive driving played a role in 56% of fatal accidents from 2007-2009, according to data from the National Highway Safety Transportation Administration (NHSTA, with speeding being the number one cause of fatal accidents related to aggressive driving.

While driving safely is key to preventing accidents, there's sadly not much you can do when you come across an angry, aggressive driver other than remain calm.

More Traffic and Rising Frustrations Lead to Aggressive Driving

Aggressive driving, and even road rage, has existed since cars first appeared on the roads. Why does it seem that incidents have risen? According to the AAA Foundation, in 2019, 80 percent of drivers reported an incident of rage, aggression, or anger behind the wheel in the last 30 days. As more drivers fill the roads, it becomes more likely you will encounter a reckless or aggressive driver. More drivers also mean more traffic slowdowns and more distracted drivers that may impede traffic flow.

Work and personal lives have become more highly scheduled and fast-paced. These factors contribute to higher levels of frustration on the road. Finally, a sense of anonymity provided by the screen of the car windshield may make drivers less sensitive to the harm they can cause to real human lives. If you have been injured in an accident with an aggressive driver, you need a Charleston car accident attorney to help you pursue justice and full compensation.

Do I Have an Aggressive Driving Accident Case?

Determining whether you have a valid aggressive driving accident case involves assessing several critical factors. Firstly, the behavior of the other driver needs to be examined for signs of aggression, such as speeding, tailgating, erratic lane changes, or road rage. Evidence like eyewitness accounts, traffic camera footage, and police reports can substantiate these claims. Secondly, it's essential to establish a direct link between aggressive driving and the accident, demonstrating that the driver's behavior was the cause of your injuries or property damage. Medical records and repair estimates can serve as proof of the damages incurred. Consulting with a Charleston aggressive driving accident lawyer is crucial, as they can evaluate the specifics of your case, identify potential legal claims, and advise on the best course of action.

What Types of Compensation Can I Recover From an Aggressive Driving Accident?

Victims of aggressive driving accidents in Charleston may be entitled to various types of compensation.

• Medical Expenses: This includes hospital bills, ongoing treatment costs, and rehabilitation services.
• Wages: Recovery of lost wages due to time off work and compensation for future earning potential if the injuries result in long-term disability.
• Pain and Suffering: This accounts for the physical and emotional distress caused by the accident, encompassing both immediate and ongoing hardships.
• Property Damage Claims: Cover repair or replacement costs for your vehicle and other personal belongings affected by the crash.
• Punitive Damages: In severe cases, these may be awarded to penalize the aggressive driver and deter similar behavior in the future.

Consulting a Charleston car accident lawyer can help you understand the full extent of recoverable compensation and ensure you receive the maximum amount you deserve.

Common Types of Injuries in Aggressive Driving Accident Claims

Car accidents, especially those involving aggressive driving, can result in a wide range of injuries.

• Whiplash is caused by the abrupt back-and-forth motion of the neck during a collision, leading to pain and reduced mobility.
• Traumatic brain injuries (TBI) range from mild concussions to severe brain damage, affecting cognitive and physical functions.
• Broken bones and fractures commonly affect the arms, legs, ribs, and pelvis, often necessitating medical intervention and extended recovery.
• Soft tissue injuries include sprains, strains, and bruises that can cause significant pain and mobility issues.
• Spinal cord injuries may lead to partial or complete paralysis, profoundly altering a victim's life.
• Pelvic or wrist fractures may necessitate surgical intervention and a lengthy rehabilitation process to restore functionality.
• Facial injuries encompass cuts, fractures, and dental damage, often leading to significant pain and the need for reconstructive surgery.
• Internal injuries include organ damage and internal bleeding, which can be life-threatening and require immediate medical attention.

Consulting a Charleston aggressive driving accident lawyer can help ensure that all your injuries are thoroughly documented and that you receive appropriate compensation for your suffering.

How a Charleston Aggressive Driving Accident Attorney Can Help

At Allen Law, one of our Charleston personal injury lawyers can provide essential support and guidance following a crash. Firstly, they will conduct a thorough investigation to gather evidence, such as police reports, witness statements, and traffic camera footage, to build a strong case. They will also handle all communications with insurance companies, ensuring that your statements do not jeopardize your claim. An experienced attorney will negotiate assertively on your behalf to secure the maximum compensation for your injuries, lost wages, and property damage. Additionally, they can represent you in court if a fair settlement cannot be reached, presenting a compelling case to the judge and jury. Throughout the process, your attorney will offer personalized legal advice, keeping you informed and addressing any concerns you may have. By entrusting your case to a skilled lawyer, you can focus on recovery while they work tirelessly to achieve the best possible outcome for you.

The Importance of Seeking Legal Help After an Injury in Charleston

After sustaining an injury in an accident, seeking legal help is crucial to protect your rights and ensure fair compensation. Without legal representation, you may face challenges in dealing with insurance companies aiming to minimize compensation. Allen Law can help navigate the complexities of personal injury law and the local legal system. Our attorneys will assess the specifics of your case, identify potential claims, and guide you through the legal process.

We'll also counter the tactics of insurance companies, ensuring you receive compensation for medical bills, lost income, and other damages. Moreover, timely legal intervention is essential, as delays can result in the loss of crucial evidence or the expiration of the statute of limitations. By engaging an attorney early, you enhance your chances of a successful claim, allowing you to focus on recovery while they manage the legal intricacies on your behalf.

Don't Wait: The Statute of Limitations for Car Accident Claims

In South Carolina, the statute of limitations for filing a car accident claim is typically three years from the date of the accident. This legal time limit is crucial because if you fail to file your claim within this period, you may forfeit your right to seek compensation for your injuries and damages. Promptly consulting a Charleston aggressive driving accident lawyer ensures that your case is filed within the required timeframe. Early legal intervention also allows your attorney to gather and preserve vital evidence, such as witness statements and accident scene photos, which can degrade over time. Additionally, medical records and other documentation can be more readily obtained and organized when addressed promptly.

By not delaying, you give your attorney the best opportunity to build a robust case and negotiate effectively on your behalf. Taking swift action not only preserves your legal rights but also increases the likelihood of a successful outcome.

Free Consultation and Learning About Your Case

At Allen Law Firm, our process begins with a free consultation, offering you the opportunity to discuss your case with our experienced attorneys. During this initial meeting, we will take the time to understand the specifics of your accident, the behavior of the other driver, and the impact on your life. This consultation allows us to evaluate the strength of your case and provide you with clear, honest feedback on your legal options. We believe in empowering our clients with the information they need to make informed decisions about their future.

Gathering All of the Important Evidence in Your Case

Once you decide to move forward, our attorneys will meticulously gather all of the critical evidence necessary to build a compelling case. This includes collecting police reports, medical records, eyewitness statements, and any available video footage. Our thorough approach ensures that no detail is overlooked, and we strive to present the strongest possible evidence to highlight the negligence or recklessness of the other driver. By assembling comprehensive documentation, we aim to establish a clear narrative that supports your claim and maximizes the potential for compensation.

Negotiating Your Settlement

Negotiation is a pivotal aspect of our case process. Our seasoned attorneys will engage with insurance companies on your behalf, using the gathered evidence to advocate for a settlement that accurately reflects the full extent of your damages. We are skilled negotiators who understand the tactics used by insurance assessors to minimize compensation. Our goal is always to secure a settlement that compensates you adequately for medical expenses, lost wages, pain and suffering, and any other incurred losses. Should negotiations prove unsuccessful, we are prepared to take your case to court to fight for the justice you deserve.

Aggressive Drivers are Liable for the Damages They Cause

South Carolina is not a "no-fault" state. This means that in a traffic accident, the percentage of faults is determined for each driver involved. For example, if a driver hits a parked car, in most cases, the driver of the moving vehicle is assigned 100 percent, or all, of the fault; the parked vehicle would have 0 percent or no fault. However, many accidents are more complicated.

It might be determined that one driver was 80 percent at fault for a particular accident while the other driver was only 20 percent at fault. Any award made to the driver is reduced by their "percentage of fault." For example, if you were awarded $100,000 but were found to be 20 percent at fault, you would only receive $80,000. As long as you are less than 51 percent at fault, you can seek compensation. The percentage of fault is determined by insurance assessors. The percentage of fault could be contested in court.

Call Our Aggressive Driving Accident Lawyers in Charleston Today

When an accident does happen, trusting a Charleston aggressive driving accident lawyer is your best move to ensure that your rights are protected and that you receive the compensation you deserve. At Allen Law, we leverage over a decade of experience in representing Charleston car accident victims, offering personalized attention and a deep understanding of local courts and judges. With a track record of success and a client-first approach, we stand as experienced, trusted advisors ready to fight for you.

If you or a loved one have been injured in an aggressive driving accident, call our Charleston car accident attorneys at (843) 882-5005 today for help!