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Personal Injury Blog

At Kinon Law Firm, we focus exclusively on helping injury victims. We’re here to fight for individuals and families who’ve had their lives disrupted by accidents, negligence, or tragedy.

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How Is Fault Determined in Parking Lot Accidents?

No one gets behind the wheel expecting to get into a car crash. When an accident occurs in a parking lot, such as the 400 Laurel Street lot, the 209 Laurel Street lot, or the 3rd Avenue parking lot, it can be difficult to know how to prove who was at fault. An experienced car accident lawyer in Conway, South Carolina, can help you preserve your legal case and advocate on your behalf.

Proving Fault in a Conway Parking Lot Car Accident

Parking lot accidents, like any other type of car accident case in South Carolina, are determined by the evidence provided by all parties involved in the accident. It is up to the person filing the case to prove to the court four things:

  1. Duty of care. You must prove that the other driver had a legal obligation to drive safely and follow traffic rules, even in a parking lot.
  2. Breach of duty. You need to prove that they failed to act with reasonable care. For example, you’ll need concrete evidence to prove that they reversed their vehicle without looking or were speeding through the parking lot.
  3. Causation. Their careless action directly caused the accident and your resulting injuries. It’s not enough to only speculate about the cause. You and your attorney will need clear proof of this.
  4. Damages. You suffered actual losses, such as vehicle damage, injuries, or medical bills. This can be done by offering the court copies of your medical records, notes from a therapist about your mental state, and proof of any income you’ve lost as a result of your injuries.

South Carolina Negligence Laws in Car Accidents

Evidence can include witness testimonies from those who saw the accident, surveillance footage that caught the crash on video, car crash reconstruction professionals who can offer their opinion about what caused the accident, copies of any incident reports or transcripts of 911 calls, and photos taken at the time of the incident.

During your case, you and the other party will be assigned a percentage of fault by the court. This helps them determine who was responsible for the accident and how much they’ll have to pay the victim. If you are found to be over 50% at fault for the incident, you will be barred from financial recovery. This makes it vital to secure as much evidence as possible to absolve you of any guilt.

Conway Car Accident Attorneys Who Have Years of Experience Advocating for South Carolina Residents

South Carolina has complex rules surrounding car accidents, with every incident involving their own set of unique laws. To make sure your legal rights aren’t violated during your case, you need the assistance of a Conway car accident lawyer from Kinon Law Firm. During your free consultation, you’ll be able to explain your situation in full detail. From there, our attorneys can offer their honest legal advice, giving you the knowledge you need to take back control of your life after experiencing destabilization. Contact us today online or by calling 843-488-9191.

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