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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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Who is Liable for Rental Car Accidents in SC?

If you are deciding to visit Myrtle Beach or any of the attractions in The Palmetto State, you may get a rental car. A rental car offers you the flexibility that public transportation and even Uber cannot provide. Just like any car accident, fault in a rental car accident is determined based on which party was careless behind the wheel. Whether you were driving a rental car or were in a crash with a rental car, our Conway car accident lawyers are here to protect your legal rights.

How is Fault Determined in a Rental Car Accident?

Car accidents center around one person using less than reasonable care while driving, known as negligence. A successful car accident claim will involve proving the following:

  • Duty of care: Motorists have a duty to follow traffic regulations to keep themselves and other road users safe.
  • Breach of duty: Either through an act or failure to act, a motorist violates their duty owed to other road users. This may include running a red light, failing to yield right-of-way, or speeding in a school zone.
  • Causation: The wrongful party’s actions must be the direct cause of a person’s injuries.
  • Damages: As a result of the harm suffered, the injured party must have measurable losses. These losses, or damages, may involve financial costs such as medical expenses or lost wages, or intangible losses such as pain and suffering and infliction of emotional distress.

Common Causes of Rental Car Crashes

Rental car accidents may be caused by any of the following forms of negligence:

Distracted Driving

Distracted driving encompasses any action that prevents the driver from giving their full attention to the road. Distracted driving may include manual, cognitive, or visual distractions, or any combination of those. Common examples include texting, talking on a cell phone, applying makeup, eating or drinking, or refereeing your children who are arguing in the backseat.

Drunk Driving

Every year, over thousands of people are killed in drunk driving crashes. Given the dangers of driving under the influence, South Carolina makes driving with a blood alcohol content (BAC) of 0.08% unlawful. Intoxicated driving impairs motor skills, visual acuity, and coordination, endangering all road users.

Fatigued Driving

About one in 25 drivers admits to falling asleep at some point in transit. Many people do not realize the dangers of driving while drowsy, with sleep deprivation of 20 hours being equivalent to a BAC of 0.08%. If you have not gotten adequate rest, do not get behind the wheel.

Speeding

Speeding contributes to 29% of traffic fatalities each year, with more than half of drivers exceeding posted speed limits on a regular basis. When a motorist speeds, their reaction time is reduced, along with an increase in stopping distance. While you may feel that you can make up lost time with a heavy foot, speeding almost always comes at a price.

Road Rage or Reckless Driving

In today’s fast-paced world, people are more impatient than ever before. Tailgating a vehicle, honking, making obscene gestures, and yelling are all signs of road rage. Many of these behaviors are considered reckless driving, which comes with potential jail time, fines, and license suspension in South Carolina.

Can the Rental Car Company Be Held Liable?

Although the rental car company is not automatically responsible for injuries a rental car driver causes, the company may provide accident, liability, and personal effects insurance. Rental car companies in South Carolina are required to offer the minimum liability limits, which are $25,000 for bodily injury per person, $50,000 per accident, and $25,000 in property damage.

Liability insurance only covers injuries or property damage you cause to others, not for your own injuries. Some rental car companies make you legally responsible for any vehicle damage as part of their standard contract. If you are unsure of your options, our legal team is happy to assist you.

Conway Car Accident Attorneys Representing Victims in Rental Car Collisions

For many, a rental car provides convenience and affordability, allowing an entire family to travel across the country and forgo the expense of plane tickets. Unfortunately, the more cars on the road create more dangers for road users. If you have recently been involved in an accident with a rental car or while driving one, Kinon  Law Firm is available to speak with you. Our legal team is dedicated to recovering the compensation injured parties deserve, one settlement check at a time.

To schedule your free case assessment with a Conway car accident lawyer, do not hesitate to reach out to us online or by calling (843) 488-9191 today.

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