Even a minor car accident can be a shocking experience for vehicle occupants. The jarring of impact, the smell of smoke from the explosive charges that deployed the airbags, and the sound of the cars colliding. However, nothing can compare to the tragedy of losing a child.
According to a recent article from SC NOW Morning News, a six-year-old was riding his bike on a private driveway in Florence, South Carolina when he ventured into the street and was hit by a car. The accident occurred just before 8:00pm. Authorities have not released much information, likely due to the fact that the victim of this fatal car accident was a child, but have stated that the boy was not wearing a helmet, and that no charges are being filed against the driver involved in the incident.
Our Spartanburg car accident lawyers urge you and your family to be safe, and always make sure that properly fitting safety helmets are worn at all times. The Bicycle Helmet Safety Institute has conducted numerous studies that yielded conclusive evidence that the vast majority of deaths and traumatic brain injury (TBI) involved bicycle riders not wearing helmets. This is a simple step that can be taken to help keep riders safe.
One of the biggest misconceptions in car accident cases is that if the police did not give a citation to a driver, then that driver was not at-fault in the accident. There are many accidents where a driver was engaging in negligent conduct but was not technically violating a traffic law, or it wasn’t apparent to the investigating officer that a violation occurred.
Through the discovery process, a car accident lawyer may be able to establish that the driver was distracted by something, such as a handled electronic device, or that the driver had the last clear chance to avoid the accident. While it is often helpful to plaintiff’s case if the police found the other driver at-fault, this does not mean that there is not a valid negligence case that can be filed. There is a different legal standard from proving a negligence claim that is required for proof in a criminal trial.
The most important thing you can do if you were in a motor vehicle accident is to speak with an attorney who regularly handles these matters. You should not speak with an insurance company representative or make any statements about the accident without an attorney. Any statements are recorded and can be used later at trial or during a deposition.
Chances are, the insurance company agent, whether he or she is from your insurance company or the other driver’s company, is not looking out for your best interests. The first interest of an insurance company is to collect as much as possible in premiums while paying out as little as possible in claims. This is because the insurance companies in America are for-profit businesses with trillions of dollars in premiums collected each year.
Contact the Spartanburg,injury lawyers at the Lee Law Offices by calling 800-887-1965.
Pamplico child hit by car, dies Sunday, Sept. 12, 2014, SC Now Morning News Online
More Blog Entries:
Floyd-Tunnell v. Shelter Mut. Ins. Co. – Battling Partial Exclusions in Auto Insurance, Aug. 11, 2014, Rock Hill Car Accident Lawyer Blog