According to a recent report form News 12, South Carolina State Representative Bill Clyburn was involved in an auto accident. Authorities say Clyburn had attended the funeral of a former South Carolina representative in the Williamsburg area.
Clyburn and his wife were in their vehicle when they were allegedly rear-ended by another driver. First responders arrived at the accident scene shortly following the crash and provided immediate medical attention to Clyburn. EMTs then transported Clyburn to a local hospital. A member of Clyburn’s staff said he was taken to the hospital solely out of an abundance of caution, as any injuries as a result of the car accident are not believed to be life-threatening or serious in nature. Authorities are continuing to investigate the cause of what is being descried as a minor car accident, and it should be noted there have been no reports of anyone being cited with a moving violation in connection with this rear-end collision.
Our Greenville personal injury attorneys wish Mr. Clyburn a quick and full recovery from any injuries he suffered as a result of his recent car accident.
In the state of South Carolina, in order to succeed in a negligence claim, plaintiffs are required to establish four elements. The first element is defendant owed a duty of care to plaintiff. There are a variety of reasons a defendant might own a duty of care in different situations, but in the case of a motor vehicle accident, this has been simplified, as the law creates a duty of care. In other words, when a driver operates a motor vehicle on a public roadway in South Carolina, he or she owes a duty to operate his or her vehicle in a safe and responsible manner so as to prevent foreseeable injuries to foreseeable persons and property.
The second element that must be established is a defendant breached his or her duty of care to plaintiff. This is one of the most important elements to prove in a motor vehicle accident case. Essentially, we are trying to prove the accident was defendant’s fault and not plaintiff’s fault. If the accident was plaintiff’s fault, obviously plaintiff could not recover for any personal injuries.
Due to the importance of proving fault in a car accident case, it is essential that, if you are the victim of an accident, you make sure someone calls the police, so they can arrive and complete a vehicle crash report. While it is common for the other driver to offer to exchange insurance or even pay for any medical bills, but ask you not call the police, having a police report in which other driver is cited for a moving violation substantially increases the chances you will have a successful outcome in your personal injury case.
While you should speak with an experienced personal injury attorney about the facts of your particular case, often an insurance company will be much more willing to enter into a reasonable settlement much sooner in the process if their client was cited as being at fault in the accident.
Contact the South Carolina injury lawyers at the Lee Law Offices by calling 800-887-1965.
South Carolina Rep. Clyburn involved in accident , May 20, 2015
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Wadeer v. N.J. Mfrs. Ins. Co. – Recovery of Damages for “Phantom Vehicle” Accident, March 6, 2015, Greenville Injury Lawyer Blog