No one wishes to be in involved in a Spartanburg, SC auto accident but it can happen at any time. If you are lucky, it may be minor which means that you will not suffer a lot of losses physically. However, you are advised to seek medical attention for even the most minor crashes. Many people ignore this, and as a result, they sometimes discover serious injuries later.

When a crash happens, there are a lot of things that may go wrong inside your body. The worst thing about internal injuries is that you may not feel them. Many of them are only discovered later through tests, and it may be too late for you to get compensation.

Just as with any illness that you may have, early detection may save your life. The same applies when you get into an auto accident. You should get yourself the treatment that you need and then seek compensation through your lawyer. Your attorney will use your medical report to file a claim or seek damages from the insurance company. In this way, you can pay your Spartanburg, SC medical bills without a problem.

Why Does Your Spartanburg Auto Accident Attorney Insist That You Get Medically Checked?

When an accident occurs, and you call the emergency number, not only will the police arrive but also an ambulance. The reason for this is that you need to get checked before anything else, although many ignore this. It is necessary to get examined since even in minor car accidents you can get injuries such as:

• Whiplash
• Internal bleeding
• Fractured ribs
• Damage to the soft tissues
• Traumatic brain injuries

There are some other reasons why you should not refuse getting a medical examination.

To File For Damages

If you get injuries as a result of a car crash, you have a right to get compensated for them. You may end up spending a large sum of money to get the medical attention that you need. It may cause a strain on your finances and affect your life as a whole.

Filing for compensation for the injuries allows you to get back the money you spent in obtaining medical care. In case you need ongoing treatment, you will also receive enough to cover that. If you don’t get checked for injuries, you may file a claim without realizing that you need medical compensation. As a result, you end up with losses and don’t know what to do.

To Protect Your Claim

It is essential that any injuries that you suffered due to the car crash are known as soon as possible. That allows your attorney time to file the claim while the case is still new. Taking too long to discover injuries leads to a lot of questions by the Spartanburg, SC insurance company. They will ask why it took so long to file the claim and may accuse you of feigning injury.

There are cases where insurance companies triumph over victims with genuine claims. That is why you need to know your problem early enough to allow filing in good time. In such a case, your attorney is in a much better position to prove that the accident caused your injuries. As a result, you will receive your damages in a timely manner.

A Chance For More Compensation

Even when injuries are discovered soon after an accident, they are still quite dangerous. You can ask your lawyer to use your medical test results to seek a higher amount of compensation. Time may allow some of the injuries to heal so even if you are awarded damages, they may be insignificant.

For injuries that may require specialized and prolonged medical care, the insurance company may award more. They will calculate all that you have spent so far and pay to ensure you get the care you need. Sometimes this amount is more than you expected so you have enough for your injuries and more.

Contact A Spartanburg Auto Accident Lawyer

After a medical examination that proves that you were injured due to the accident, you have to file a claim. Insurance companies want to pay you the least amount possible so they may fight your request. At such a point, only a Spartanburg car accident lawyer from the Law Office of Brian T. Smith can help. We will help you prove that your claim is well deserved. If the insurer does not agree, we can go to court. Our team is dedicated to getting you the best compensation, so contact us today for a consultation.

Motorcycle accidents can be deadly and leave the rider severely injured or permanently impaired. Many times collisions are due to motorist negligence and can be preventable. Simple safety precautions by drivers like looking twice before merging can not only prevent accidents but save lives as well. If you have been involved in a motorcycle collision that was not your fault, there are several things you need to do right away to make sure you help your future case.

1. If you are injured in the accident, always call 9-1-1 and request medical assistance. If you do not request medical assistance and go to the doctor later, it could be harder to prove the extent of your injuries and receive compensation. It may seem like your injuries were minor and not severe.
2. Never admit fault after the collision. Collisions happen very quickly and it can be difficult to recall all the events leading up the collision. A police officer will be able to assign blame at the scene.
3. You need an attorney to help determine the best course of action after an accident. So, call a personal injury attorney as soon after the accident as you can. This will allow them to preserve evidence and even visit the scene as soon after the accident as possible.
4. Keep a careful record of all medical bills, expenses, doctor visits, etc. It will be important to have clear records of all medical visits to receive full compensation.
5. Don’t negotiate with the insurance company without your attorney. A good attorney has experience dealing with insurance companies and can provide the best negotiation you will need to bring you the settlement you deserve.

A motorcycle accident attorney will be on your side to help fight for you. Consider a reliable attorney and make sure to do your research before deciding on what personal injury attorney will represent you. Many attorneys view your case as a number – at the Law Office of Brian T. Smith, we believe Every Injury Is Personal!

Resources:

https://www.nhtsa.gov/road-safety/motorcycle-safety – National Highway Traffic Safety Administration

https://www.nolo.com/legal-encyclopedia/motorcycle-accidents-common-causes-30330.html – NOLO

For many of us, driving is a regular part of our day, and we don’t like to dwell on the risks of being on the road. But you may be surprised by the  number of automobile accidents in South Carolina:

• • There is one traffic collision every 3.7 minutes.
  • There is one fatal collision every 9.3 hours.
  • In 2016, there were 133,655 accidents reported in South Carolina.
  • Over 1,000 drivers died in a car accident in 2016.

• Almost 40% of those fatal accidents were speeding-related. Over 30% were due to drunk driving.

• South Carolina’s rate of traffic-related fatalities per 100,000 people is over 20. That’s nearly double the national average of 11.

Few of us have the option to give up driving to and from work every day. That being said, knowing the risks can help us take the dangers seriously and drive cautiously. In addition, when someone else’s negligence causes an accident, you have every right to seek compensation for damages to your property or person by using a personal injury attorney. A car accident lawyer can help you navigate the confusion of working with insurance companies. Brian Smith and his dedicated team can help you understand your options and legal rights. Call now for a free consultation at (864) 239-2007.

Sources: South Carolina Department of Public Safety (SCDPS), National Highway Safety Traffic Administration (NHTSA)

Injured by a defective product? / What you should know about product liability

Have you or has a loved one been injured by a defective product? Whether it be a car safety defect or food poisoning, people are injured every day by defective products and may not realize they may have a right to compensation and financial relief for the pain, distress, medical bills, or any other expenses they may face. Here are some things you should know about product liability in South Carolina:

Types of defects

There are several kinds of defects in a product. These will influence which party should be held at fault in a product liability claim, whether the designer, manufacturer, marketer, or retail seller:

• manufacturing defect: this defect involves the construction of a product and may be present in just a few cases of the product. Example: an improperly installed airbag in a car.
• design defect: this defect involves the entire product line and is the result of an unreasonably dangerous or inherently faulty design. Example: a toy designed for children that is inherently dangerous to children because it presents choking hazards.
• marketing/warning defect: this defect involves a failure to provide adequate instructions or non-obvious warnings regarding a product. Example: failure of a drug manufacturer to warn customers of dangerous drug interaction; failure to warn certain categories of patients who should not use the drug.

Types of product liability claims

Depending on the circumstances of your case, you may be able to claim product liability based on the following:

• Strict Liability: the consumer will simply need to prove that the product was defective and that the consumer suffered an injury as a result.

• Negligence: the consumer will need to prove that the designer or manufacturer failed to use reasonable care in designing or manufacturing the product.

• Breach of warranty: the consumer will simply need to prove that the product did not work as promised.

• Misrepresentation: the consumer will need to prove that the guilty party hid information or provided misleading information that resulted in an injury.

If you’ve been injured by a defective product, you should speak immediately with an experienced attorney to determine the best options for your case. We’re here to help hold manufacturers and distributors accountable for any negligence on their part, and to help you receive the maximum compensation for your injury. Schedule a free consultation or call now at (864) 239-2007.

Distracted driving is any activity that takes your attention away from the road. This includes texting, talking, eating or drinking, using a navigation system, or even interacting with other passengers. But texting while driving is especially dangerous because it involves distraction on three levels:

• Visual: taking your eyes off the road
• Manual: taking your hands off the wheel
• Cognitive: taking your mind off of driving

Texting while driving is strictly prohibited in South Carolina. But here are five additional reasons why you should never text and drive:

1. 1 in 4 automobile accidents in the US involve a cellphone.
2. 330,000 injuries occur every year due to texting and driving.
3. Texting while driving is 6x more likely to cause an accident than drunk driving. In fact, texting is the same as driving after 4 beers.
4. On average, it takes only 3 seconds of distracted driving for an accident to occur. The average text message takes a minimum of 5 seconds to read. If you’re driving 55 mph, this means traveling the length of a football field without looking at the road.
5. Texting makes a crash 23x more likely.

If you are involved in an accident and suspect that the driver was using a cellphone when the crash occurred, take the following steps:

1. Seek medical help if necessary and keep any medical records or bills following the accident. Should you take legal action, these will be valuable proof that you were injured as a result of distracted driving.
2. Obtain contact and insurance information from the other driver. Do not admit fault, but also be careful about confronting the other driver, since it could affect any legal action you may want to take.
3. Call the police to report the incident, making sure to inform the police that the driver was using a cellphone.
4. Document the accident. Take photos of any injuries as well as any damage to vehicles or other personal property.
5. If possible, obtain statements from any witnesses at the scene of the accident who may have seen the driver using a cellphone.
6. Don’t hesitate to call the law office of Brian Smith as soon as you can. Depending on the circumstances, it may be necessary to file a subpoena for the driver’s phone records. The penalties for texting and driving range from fines to misdemeanor and/or felony charges if the distracted driver places others in danger. It is vital that you contact us as soon as possible for a free consultation.

Sources: NSC, NCSL, NHTSA, CDC, DMV.org, and Textinganddrivingsafety.com