Expert Witness In Auto Accidents
Salley Law Firm • March 11, 2020
Expert Witnesses In Auto Accidents
In a court of law, expert witnesses are the only individuals that are entitled to give their opinions on matters that they have not personally observed or witnessed themselves. In order to qualify as an expert witness, an individual must have a special knowledge or proficiency in a field of study that is not common to the ordinary individual.
Many times in personal injury actions, even though an accident may seem straight forward, expert witness will be required to help prove your case to a jury or to insurance claims adjusters to ensure that you are being fully compensated for your damages.
There are several different types of expert witnesses one can utilize in proving your personal injury damages.
1) Medical Experts.
These experts will be the most familiar to you as they will be your doctors and other health professionals that will testify about the injuries you have sustained in the accident. They will tell the juries and/or adjusters about the treatments you have received and your expected recovery. They may also testify about the treatments you will need in the future and about the pain, suffering, and mental anguish you have suffered as a result of your injuries.
2) Economist.
Many times when you have been in a serious accident, you will miss work. When you miss time from work, you will likely suffer other adverse consequences such as the loss of promotions and loss of pension benefits. An economist will calculate and testify about the cost of your lost wages, medical expenses (past and future), and your diminished earning capacity if you have a permanent disability.
3) Highway Safety Experts.
In some cases it may be necessary to hire an engineer to testify about the road conditions that existed at the time of your incident using the road designs and construction expertise.
4) Accident Reconstructionists.
An accident reconstructionist will recreate the accident in order for the jury or the adjuster to see just how severe it really was. They will likely use models or computer programs to rebuild the scene and present the physics of the accident to show the speed and force of the crash. These experts are very useful in illustrating how an impact can cause significant, life altering injuries.
If you have been seriously injured in a car accident, please contact Salley Law Firm for your free consultation at (803) 356-5000. We also offer weekend and evening appointments. We have been serving injured people and their families for over 20 years.
South Carolina's motorcycle helmet rules and how they interact with injury claims are topics every rider in the Lexington area should understand before hitting the road. If you've been hurt in a crash, consulting a motorcycle accident lawyer in Lexington, SC, can help you navigate the legal issues helmet use may raise in your case. This post explains the current state law, how fault is calculated, and what insurance companies often argue after a rider is injured. What South Carolina's Helmet Law Actually Says South Carolina's Title 56 requires all motorcycle riders and passengers to wear a helmet only if they are under 21 years old. Riders 21 and older are not required by law to wear one. Riders under 21 must also wear goggles or a face shield at all times. Helmets must include a neck or chin strap and meet manufacturing standards set by the South Carolina Department of Public Safety. Not wearing a helmet when legally required can lead to misdemeanor charges, fines up to $100, and up to 30 days in jail. The legal picture changes considerably for riders 21 and over, especially when a crash leads to a personal injury claim. A motorcycle accident lawyer in Lexington, SC, can explain how these rules apply to your specific situation. Lexington County roads like US-1 and SC-6 see steady motorcycle traffic, and knowing your rights on those roads matters. Does Not Wearing a Helmet Affect a Lexington Injury Claim? Not wearing a helmet does not automatically disqualify you from recovering compensation. Even when not legally required, failing to wear a helmet can still affect injury claims, compensation negotiations, and insurance disputes after a crash. The key issue is how South Carolina handles shared fault. South Carolina uses a modified comparative negligence rule: you can recover as long as you were less than 51% at fault, with your award reduced by your share of fault. Here is how that can play out in a real case: A jury determines your total damages from the crash. The jury may assign you a percentage of fault if they believe your choices worsened your injuries. Your final award is reduced by that percentage. Insurance companies factor comparative negligence into their settlement calculations. For riders in the Lexington, SC, area, a helmet decision made before a ride can become a central issue in a claim months or years later. Working with a motorcycle accident lawyer gives you the best chance of countering these arguments effectively. How Insurance Companies Use the Helmet Argument Insurance adjusters look for ways to reduce what they pay after a crash. When an unhelmeted rider over 21 suffers a head injury, insurers argue that the rider's choice not to wear a helmet constitutes comparative fault, meaning the rider's conduct contributed to the severity of their injuries, even if it did not cause the crash itself. South Carolina has no statute squarely deciding how helmet use affects a motorcycle injury claim, so insurers may try to argue that a rider's choices added to injury severity under the comparative negligence rule. Notably, South Carolina law bars that argument for seat belts, but there is no equivalent statutory bar for motorcycle helmets. This legal gap is exactly why documentation and experienced legal help can make a significant difference in how much compensation an injured rider receives. A motorcycle accident lawyer in Lexington, SC, understands these insurer tactics and knows how to push back against them. Why Documentation Can Strengthen Your Case Strong records can counter the arguments insurers raise about helmet use and fault. Steps that may help protect your claim include seeking medical attention immediately after any crash, obtaining a full diagnosis with written records detailing the cause of each injury, preserving your helmet as physical evidence, obtaining the police report and witness statements, photographing all damage and road conditions, and keeping records of treatment costs, missed work, and other losses. Many head injuries suffered in motorcycle crashes are not helmet-preventable at typical crash speeds and angles. A qualified motorcycle accident lawyer can work with medical professionals to challenge insurer claims that your helmet choice caused or worsened your injuries. Talk to a Lexington Injury Lawyer About Your Case If you or someone close to you has been hurt in a motorcycle crash in Lexington, SC, understanding how helmet rules interact with comparative negligence law can be the difference between full and reduced compensation. The facts of your case, the nature of your injuries, and the documentation you have all shape what you may be able to recover. Salley Law Firm, P.A., serves injured riders in Lexington, SC, and surrounding areas including Cayce, West Columbia, Irmo, and throughout Lexington County. The firm has represented injured people and their families for over 25 years, with no fee without recovery in personal injury cases. Free consultations are available, along with evening and weekend appointments and home or hospital visits. Call (803) 356-5000 to discuss your case at no cost. You can also contact the firm online to request a free consultation. Find Salley Law Firm, P.A. on Google to read client reviews and get directions to the Lexington office.
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