Columbia Car Accident Lawyers

If you have been injured in an auto accident that wasn’t your fault, a Columbia car accident attorney from Stewart Law Offices wants to help you.

Car accidents occur with disturbing frequency in Columbia and throughout South Carolina. According to the Traffic Collision Fact Book from the South Carolina Department of Public Safety, there is a traffic collision in South Carolina every 3.7 minutes. A property damage collision occurs every 5.2 minutes, an injury collision occurs every 13.1 minutes, and a fatal collision occurs every 9.3 hours.

If you sustained serious injuries or your loved one was killed in a car crash caused by another party’s negligence in Columbia, you deserve justice. Contact our Columbia car accident lawyers today for a free consultation.

What Compensation Can You Recover After a Car Crash?

You are entitled to compensatory damages. Compensatory damages are usually a combination of economic damages and non-economic damages. Economic damages are tangible costs a victim has incurred or will incur, while non-economic damages are more subjective.

Examples of compensation for your car accident injuries include:

Common economic damages include:

• Medical bills
• Lost income
• Property damage

Non-economic damages may include:

• Pain and suffering
• Loss of consortium
• Emotional distress

In a limited number of cases (primarily those involving drunk driving), a victim could also be awarded punitive damages. South Carolina law limits punitive damages to cases that involve a defendant’s willful, reckless, or wanton conduct.

South Carolina Code § 15-32-530(A) establishes that punitive damages cannot exceed three times the compensatory damages or $500,000, whichever is greater. Under South Carolina Code § 15-32-530(C), however, there is no cap on punitive damages when the defendant had the intent to harm the plaintiff, the defendant pleaded guilty to or was convicted of a felony related to the plaintiff’s injuries, or the defendant was under the influence of drugs or alcohol to the point that their judgment was substantially impaired.

Visit Our Columbia Car Accident Lawyers in Columbia

Types of Traffic Collisions in Columbia, South Carolina

Some of the most common types of crashes in South Carolina include:

• Head-On Collisions — These often severe crashes can occur in instances of improper passing or unexpected departures from driving lanes. Head-on collisions are much more likely to result in fatal injuries than other accidents.
• Rear-End Collisions — Many rear-end accidents occur because of one driver’s failure to pay attention. Rear-enders can lead to serious injuries.
• Side-Impact (T-Bone) Collisions — When a vehicle is struck on the side, the passengers seated on that side are at greater risk for injury, though anyone in the vehicle could suffer serious harm.
• Intersection Accidents — A motorist’s failure to recognize or abide by traffic lights or signs can lead to collisions at intersections. Many of these types of crashes occur at higher speeds and have devastating results.
• Multiple Vehicle Collisions — Car accidents are not always limited to two vehicles. Pileup or chain reaction accidents are particularly common on state highways. Any accident involving multiple parties immediately becomes more complicated because multiple defendants and insurance companies are involved.
• Hit and Run Accidents — South Carolina Code § 56-5-1220 establishes that any person involved in a motor vehicle accident must stop as close as possible to the accident and give their name, address, and registration number of the vehicle they are driving, as well as show their driver’s license to any person involved in the crash. When a driver fails to comply with these requirements, it is a criminal offense and authorities should be contacted immediately. Even if the motorist is never found, you may still be able to recover compensation through the uninsured motorist coverage on your policy.
• Rollover Accidents — Certain types of vehicles such as SUVs and pickups may be more likely to be involved in rollover crashes. Some of these accidents are caused by defective parts or designs, which may make manufacturers liable.

Common Injuries in Columbia Car Accidents

Car accidents in Columbia can result in a wide range of injuries, from minor to catastrophic. The severity of your injuries often depends on factors like the speed of impact, whether you were wearing a seatbelt, the type of collision, and the size of the vehicles involved.

The most common injuries our Columbia car accident lawyers see include:

• Whiplash and Neck Injuries: Rear-end collisions frequently cause whiplash, a soft tissue injury that occurs when your head snaps forward and backward violently. Symptoms may include neck pain, stiffness, headaches, dizziness, and shoulder pain. Some whiplash injuries can take days or weeks to manifest fully.
• Traumatic Brain Injuries (TBI): Head trauma from striking the steering wheel, dashboard, or windows can cause concussions, contusions, or more severe brain injuries. TBI symptoms range from headaches and confusion to memory loss, personality changes, and permanent cognitive impairment.
• Spinal Cord Injuries and Paralysis: High-impact crashes can damage the spinal cord, potentially resulting in partial or complete paralysis. These catastrophic injuries often require lifetime medical care and dramatically affect victims’ quality of life.
• Broken Bones and Fractures: The force of a collision can break ribs, arms, legs, hips, wrists, and other bones. While some fractures heal with proper treatment, others may require surgery and cause permanent limitations.
• Internal Injuries: Blunt force trauma can damage internal organs, including the liver, spleen, kidneys, and lungs. Internal bleeding is a life-threatening emergency that may not be immediately apparent after a crash.
• Lacerations and Scarring: Broken glass, twisted metal, and deployed airbags can cause deep cuts that require stitches or surgery. Facial lacerations may result in permanent scarring and disfigurement.
• Soft Tissue Injuries: Beyond whiplash, car accidents commonly cause sprains, strains, and contusions to muscles, tendons, and ligaments throughout the body. These injuries can be painful and limit mobility for weeks or months.
• Psychological Trauma: Many accident victims experience post-traumatic stress disorder (PTSD), anxiety, depression, and fear of driving following a serious crash. These psychological injuries are just as real as physical injuries and deserve compensation.

If you’ve suffered any of these injuries in a Columbia car accident, our experienced attorneys can help you pursue full compensation for your medical treatment, rehabilitation, lost wages, and pain and suffering.

Causes of Columbia Car Accidents

Some of the leading causes of auto accidents in Columbia include:

It is important for victims to contact authorities to make sure a police report is completed as soon as possible after an accident. In many cases, officers will issue citations to drivers who violate traffic laws. However, it’s important to remember that the police do not determine civil liability for a crash.

Steps to Take After an Auto Accident

When you are involved in any kind of car accident, no matter how seemingly minor, you should always make sure that you receive medical care. You should do this even if you do not at first think you were hurt. Keep in mind that many serious injuries involve delayed symptoms.

If it is possible, you should try to take as many pictures as you can of the accident scene. Cell phones have a camera feature, which is very convenient for taking photos of the accident scene. Also, get the names and phone numbers of any people who saw the crash. When you cannot take these measures yourself due to injuries, ask a friend, family member, or someone on-site to do this for you.

You may be contacted by an insurance company for another driver soon after the accident. You should avoid saying anything to an insurance adjuster about the case until you have an attorney.

When Should You Seek Medical Treatment After a Car Accident?

You should seek medical attention as soon as possible after any car accident, even if you feel fine at the scene. Many serious injuries do not cause immediate symptoms.

Delayed treatment can:

• Allow injuries to worsen
• Make recovery more difficult
• Give insurance companies grounds to argue your injuries were not accident-related

Warning signs that require immediate medical attention include:

• Headaches, dizziness, or confusion
• Neck or back pain
• Numbness or tingling
• Abdominal pain or bruising
• Limited mobility or weakness

Even if emergency care is not required, follow-up with a physician creates a medical record that directly links your injuries to the crash, an essential element of any successful car accident claim.

How Liability Is Determined in Columbia Car Accidents

Determining who is legally responsible for a car accident in Columbia involves analyzing evidence and applying South Carolina traffic laws. Liability is rarely based on one factor alone.

Evidence used to determine fault may include:

• Police crash reports
  
• Traffic citations
  
• Witness statements
  
• Photographs or video footage
  
• Vehicle damage patterns
  
• Accident reconstruction analysis

Fault may fall on:

• One driver
  
• Multiple drivers
  
• A vehicle manufacturer (defective parts)
  
• A government entity (dangerous road conditions)

South Carolina applies a modified comparative negligence rule, which allows injured victims to recover compensation as long as they are not more than 50% at fault. Your recovery is reduced by your percentage of responsibility.

Building a Case for Compensation

No matter what the other driver may have said at the scene of their accident, you will almost assuredly have that driver’s insurance company alleging that you somehow contributed to or directly caused the crash. Settlement negotiations may center on the degree of blame that is assigned to each party.

In order to prove your case in a court of law in South Carolina, you will have to satisfy the four general requirements of a negligence claim, which are:

• Duty of Care — The defendant had a duty to the plaintiff to operate their motor vehicle in a safe and lawful manner.
• Breach of Duty — The defendant breached that duty of care by not operating their motor vehicle in a safe and lawful manner.
• Causation — The defendant’s breach of duty caused the victim to suffer injuries.
• Damages — The injuries the victim suffered resulted in damages.

Keep in mind that South Carolina is a modified comparative fault state. This means that a person will not be able to recover any damages if their negligence exceeds that of the defendant.

The damages that are awarded in a car accident case can be reduced in proportion to a victim’s negligence. This means that a person awarded $100,000 in a car accident case who is found to have been 35 percent at fault will have their damage reduced by $35,000 and ultimately receive $65,000.

Dealing With Insurance Companies After a Car Accident

Insurance companies are not neutral parties. Their goal is to limit how much they pay, even when liability seems clear.

After a Columbia car accident, insurers may:

• Request recorded statements
• Pressure you into quick settlements
• Question medical treatment
• Minimize injury severity
• Attempt to shift partial blame

You are not required to give a recorded statement to the at-fault driver’s insurer. Speaking with a Columbia car accident attorney before engaging with insurance companies can protect you from costly mistakes.

Insurance Company Tactics That Can Hurt Your Claim

Insurance adjusters are trained to protect their company’s bottom line. Some common tactics include:

• Early lowball offers before injuries are fully diagnosed
• Delay tactics are designed to frustrate victims into settling
• Blame shifting, especially under South Carolina’s fault rules
• Disputing the medical necessity of treatment
• Monitoring social media for posts they can use against you

Once you accept a settlement, your claim is typically over, regardless of future medical needs. Legal representation helps ensure any settlement reflects the true value of your case.

How South Carolina Law Affects Car Accident Claims in Columbia

Several South Carolina laws significantly impact car accident claims:

• Comparative negligence affects recovery if fault is shared
• Mandatory insurance requirements influence available coverage
• Statute of limitations strictly limits filing deadlines
• Uninsured and underinsured motorist laws affect recovery when coverage is insufficient

Understanding how these laws interact is essential to protecting your rights after a crash.

What If I Am Partially at Fault for the Accident?

Being partially at fault does not automatically bar recovery in South Carolina. As long as you are 50% or less responsible, you may still recover damages.

For example:

• If you are 20% at fault, your compensation is reduced by 20%
• If you are 51% at fault, you cannot recover compensation

Insurance companies often exaggerate fault to avoid paying claims. An experienced Columbia auto accident injury attorney can challenge these allegations using evidence and legal strategy.

How Long Do I Have to File a Car Accident Claim in South Carolina?

South Carolina generally allows three years from the date of the accident to file a personal injury lawsuit. Wrongful death claims typically have a shorter deadline.

Missing the statute of limitations usually results in permanent loss of your right to compensation, regardless of fault.

Early legal involvement ensures:

• Evidence is preserved
  
• Witnesses are located
  
• Deadlines are met

How Long Does a Car Accident Claim Take to Resolve?

Car accident cases can take anywhere from a few months to over a year, depending on:

• Injury severity
  
• Medical treatment timeline
  
• Disputed liability
  
• Insurance cooperation
  
• Whether litigation is required

Cases should not be rushed before medical recovery is understood. Settling too early can leave victims responsible for future medical expenses.

Special Car Accident Cases We Handle

Stewart Law Offices has extensive experience handling all types of car accident cases in Columbia. Some accidents involve unique legal issues that require specialized knowledge and resources.

We represent victims of:

• DUI/Drunk Driving Accidents: When an impaired driver causes a crash, we pursue not only compensatory damages but also punitive damages to hold reckless drivers accountable. South Carolina law has no cap on punitive damages in drunk driving cases.
• Distracted Driving Accidents: Texting, calling, eating, and other distractions cause thousands of preventable accidents every year. We subpoena cell phone records and use expert testimony to prove distracted driving.
• Hit-and-Run Accidents: Even when the at-fault driver flees the scene, you may still recover compensation through your own uninsured motorist coverage. We help track down hit-and-run drivers and maximize recovery from all available sources.
• Uber and Lyft Accidents: Rideshare accidents involve complex insurance questions because coverage depends on whether the driver was logged into the app, waiting for a ride request, or transporting a passenger. We handle these complexities to identify all liable parties and insurance policies.
• Uninsured and Underinsured Motorist Claims: When the at-fault driver has no insurance or insufficient coverage, your own UM/UIM policy should cover your damages. Insurance companies often try to deny or undervalue these claims. We fight to enforce your policy rights.
• Parking lot accidents: Parking lot accidents occur with surprising frequency in Columbia’s shopping centers and business districts. Disputed fault and low-speed impacts don’t make these cases less legitimate; serious injuries occur even in parking lot collisions. Insurance companies often try to minimize parking lot claims, but we fight for full compensation.
• Multi-Vehicle/Chain Reaction Accidents: Pileups involving three or more vehicles create complicated liability scenarios with multiple at-fault parties and insurance companies. We sort through the chaos to identify all responsible parties and pursue maximum compensation.
• Intersection Accidents: Columbia has many dangerous intersections where crashes frequently occur. We investigate signal timing, visibility issues, and traffic patterns to build strong liability cases.
• Head-On Collisions: These devastating crashes often result in catastrophic injuries or death. We handle the most serious cases with the skill, resources, and compassion they deserve.
• Rear-End Collisions: While often assumed to be the rear driver’s fault, these cases can be more complex. We prove liability and fight back against insurance companies who try to blame our clients.
• T-Bone/Side-Impact Crashes: Broadside collisions at intersections often cause severe injuries to drivers and passengers on the impacted side. We hold negligent drivers accountable for running red lights, failing to yield, and other violations.
• Rollover Accidents: SUVs and top-heavy vehicles are prone to rollovers. These accidents may involve vehicle defects, making manufacturers potentially liable in addition to negligent drivers.
• Pedestrian Accidents: Pedestrians struck by vehicles often suffer catastrophic injuries. South Carolina law protects pedestrians’ rights, and we aggressively pursue compensation from at-fault drivers.
• Truck Accidents: Collisions involving commercial trucks are governed by federal regulations and often involve multiple liable parties, including drivers, trucking companies, and cargo loaders. These complex cases require specialized legal knowledge.

No matter what type of car accident you’ve been involved in, Stewart Law Offices has the experience, resources, and dedication to handle your case effectively.

How Our Columbia, SC Car Accident Attorney Can Help

The Columbia auto accident lawyers at Stewart Law Offices can immediately launch an independent investigation into the true cause of the crash. We can preserve important evidence, calculate the full extent of your losses, and then work to hold the negligent parties accountable.

Our personal injury lawyers in Columbia, SC  have been helping clients in Columbia for over 30 years. Call us or contact us online now to schedule a free consultation. Stewart Law Offices has an office in Columbia as well as other South Carolina locations in Beaufort, Rock Hill, and Spartanburg. Call us or contact us online to have our lawyers review your case and discuss all of your legal options during a free consultation.