South Carolina Car Accident Lawyer

Common Types of South Carolina Car Accidents

No two car accidents are identical, and the type of collision often significantly influences both the injuries sustained and the legal strategy required. Our attorneys regularly handle:

• Rear-end collisions
• Rollovers
• Head-on crashes
• T-bone and intersection collisions
• Multi-vehicle interstate pile-ups
• Tire blowout accidents
• Single-vehicle crashes
• Wrecks caused by defective vehicle parts

Each crash type carries its own evidence priorities. For example, a rollover may point toward a vehicle defect or hazardous road design, while a rear-end collision on a congested corridor often focuses on following distance and driver attention. Crash data shows certain corridors experience higher frequencies of these collision types. Transportation departments often identify high-collision corridors, where head-on, sideswipe, and rear-end collisions occur with notable frequency, typically near major interchanges and high-traffic areas.

Common Causes of South Carolina Car Crashes

Although they are often referred to as “accidents,” driver negligence typically causes car crashes. Some of the most common forms of driver negligence that cause crashes include:

Distractions

Distracted driving has quickly become one of the most common causes of South Carolina accidents. Distracted driving is anything that takes a driver’s eyes, hands, or eyes away from the task of driving. When a driver is not focusing on the road in front of them, this can lead to life-threatening collisions.

Texting behind the wheel is one of the most dangerous forms of distraction, and many drivers are surprised to learn how the risks actually compare. You can read more about how texting while driving compares to drunk driving and why both behaviors are treated so seriously under South Carolina law.

Drunk Driving

Drunk driving is especially dangerous because a person’s cognition, motor skills, and senses are adversely affected when a person imbibes. Nearly half of all fatal South Carolina car crashes involve impaired drivers. If a driver cannot operate a vehicle safely, they should not get behind the wheel.

Speeding

Speeding is dangerous because it makes it more likely to:

• Collisions occur; such as rear-ended accidents
• Serious injuries arise
• Safety features to be less effective

All drivers must operate their vehicles at a safe speed. They must adjust their speed in case of adverse conditions, such as heavy traffic, bad weather, or construction.

Aggressive Driving

The incidence of aggressive driving has increased dramatically over the last few years. Aggressive driving often involves dangerous driving practices like:

Inexperience

A driver’s license exam only tests for basic skills behind the wheel. Inexperienced drivers pose a danger to other drivers when they encounter complex and new situations and don’t know how to react safely, making them more likely to cause collisions.

Poor Vehicle Maintenance

Vehicle owners are responsible for keeping their vehicles in a safe condition. If they fail to maintain their vehicles, collisions can occur.

Fatigued Driving

Tired drivers display many of the same symptoms as drunk drivers and can be just as dangerous.

Poor Road Conditions

South Carolina drivers regularly encounter road hazards that contribute directly to crashes, including potholes, uneven pavement, inadequate signage, and standing water during heavy rain. When a road defect maintained by a government entity contributes to a crash, a separate claim against that entity may be available, subject to the shorter notice and filing deadlines that apply to government liability claims in South Carolina.

Equipment Failure

Some South Carolina car accidents result from equipment failures such as tire blowouts, brake malfunctions, and airbag deployment failures rather than driver error alone. When a defective vehicle part causes or worsens a crash, a third-party product liability claim against the manufacturer may be available in addition to any claim against the at-fault driver.

Rideshare Accidents

With the growing popularity of rideshare services, more South Carolina drivers and passengers are finding themselves involved in collisions with rideshare vehicles. These cases can be more complicated than a typical car accident claim because multiple insurance policies may come into play. If you were hurt in a crash involving a rideshare driver, our attorneys can walk you through your options whether you were involved in an Uber accident or a Lyft accident.

Common Car Accident Injuries in South Carolina

Car accidents are dangerously unpredictable. They can lead to a variety of severe injuries. Some of the most common car accident injuries include:

• Broken Bones – The immense impact of a car accident can cause great pressure on your bones. Broken bones are painful and may take considerable time to heal. If the break is complicated, it can require ongoing medical attention. Broken bones can also diminish the victim’s range of motion and make it difficult to work.

• Traumatic Brain Injuries – Traumatic brain injuries commonly occur in car accidents when the victim impacts a hard surface like the steering wheel or dashboard. However, impact is not always necessary for a traumatic brain injury to occur because the violent force of a car wreck can cause the brain to crash into the skull. National Library of Medicine research estimates that approximately 1.7 million Americans suffer a traumatic brain injury each year. A traumatic brain injury requires prompt medical attention and treatment. Watch for the following symptoms following a South Carolina accident which may indicate a brain injury:
  • Headache
  • Loss of consciousness
  • Forgetfulness
  • Confusion

  • Nausea
  • Dizziness
  • Loss of balance or coordination
  • Ringing in the ears
• Spinal Cord Injuries – The spine might take the brunt of the impact in a car crash. Spinal cord injuries can cause life-altering consequences and a lifetime of healthcare needs. Symptoms of spinal injuries include:
  • Muscle weakness
  • Loss of movement or numbness in the chest, arms, or legs
  • Loss of bowel and bladder control
  • Breathing problems

• Whiplash – Whiplash is one of the most commonly occurring car accident injuries. This soft tissue injury is associated with neck pain, muscle stiffness, tingling in the shoulders, and a loss of range of motion.

• Internal Bleeding – Not all injuries are immediately apparent after an accident. This is why it is crucial that you seek medical attention after an accident. You may have internal bleeding if you are experiencing symptoms such as:
  • Loss of consciousness
  • Severe weakness
  • Weakness on one side of the body
  • Numbness
  • Severe headache
  • Low blood pressure

• Burns – If a victim comes into contact with hot car parts or fuels, they can suffer serious burns that leave their body vulnerable to severe infections. Some burns require multiple skin grafts or result in permanent disfigurement. Burns are also one of the most painful injuries that a motor vehicle accident victim can suffer. The American Burn Association’s most recent national data documents approximately 398,000 fire and burn-related injuries treated annually in the United States, along with roughly 29,000 burn-related hospital admissions each year, underscoring how serious and resource-intensive burn recovery can be.

• Catastrophic Injuries – Some injuries have a catastrophic effect on a victim’s life and lead to a lifetime of care. These injuries include:
  • Paralysis
  • Amputation
  • Loss of vision or hearing
  • Disfigurement

What to Do Immediately After a Car Accident in South Carolina

The actions you take in the minutes and hours following a crash can significantly impact both your health and the strength of your legal claim. Here are the critical steps you should follow:

• Check for injuries: Immediately assess yourself and any passengers for visible injuries. Do not attempt to move anyone who is complaining of neck or back pain or having difficulty moving.
• Call for help: Call 911 for any injuries that appear serious or require urgent medical attention. For less severe incidents, you may use the non-emergency police line.
• Move to safety: If it is safe to do so and there are no serious injuries, move your vehicle out of the flow of traffic to prevent further accidents and allow emergency vehicles easier access.
• Exchange information: Obtain the other driver’s full name, contact information, insurance details, and vehicle information. Also, collect contact information from any eyewitnesses, especially important in hit-and-run situations.
• Document the scene: Take photographs of vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries before moving vehicles (if safe).
• Cooperate with law enforcement: Provide basic information to the responding officer. Under South Carolina law, drivers must report accidents involving injury or property damage exceeding $1,000.
• Seek medical evaluation: Get a complete medical evaluation as soon as possible, even if injuries are not immediately obvious. Some serious conditions (such as concussions, internal bleeding, or soft tissue injuries) may not show symptoms right away.
• Preserve evidence and protect your claim: Keep detailed records of medical bills, lost wages, and other expenses. Speak with a South Carolina car accident lawyer before posting about the accident on social media or giving a recorded statement to any insurance adjuster.

Following these steps helps protect your health and preserve your right to full compensation under South Carolina law.

What Is the Statute of Limitations for Car Accidents in South Carolina?

The statute of limitations is the time period you have to file a lawsuit against the at-fault party. If you pass this time period, you can be forever barred from pursuing compensation against the at-fault party, regardless of how negligent they were. In South Carolina, you generally have three years to file your claim. The three-year clock begins on the date the accident occurs or the date of death in the case of a wrongful death claim.

While this may seem like a long time, it can quickly run out. Additionally, it is important that you don’t delay contacting a qualified car accident lawyer Columbia, SC after a crash. Evidence can quickly be lost or destroyed, which is why it helps to know why you should take photos after a car accident and how to get a copy of your police report as soon as possible. Your car accident attorney will need time to investigate the case, identify all parties whose negligence caused the crash, and build a strong compensation claim.

Stephen Vicari, a licensed South Carolina Bar attorney with more than 10 years of experience handling personal injury and car accident cases, understands the critical importance of preserving evidence and beginning a thorough investigation as soon as possible after a collision. Acting quickly can make the difference between a successful claim and a missed opportunity for compensation. You can get the process started today by calling Stewart Law Offices for a free case review.

The Four Elements of Negligence in a South Carolina Car Accident Claim

To successfully hold another driver liable in a South Carolina car accident case, you must prove four essential elements of negligence:

• Duty: The at-fault driver owed a legal duty to operate their vehicle safely and to exercise reasonable care for the safety of others on the road.
• Breach: The driver failed to meet that duty by speeding, engaging in distracted driving, running a red light, or other careless behavior.
• Causation: There must be a direct causal link between the driver’s breach of duty and the injuries you sustained.
• Damages: You must have suffered actual, compensable harm (medical bills, lost wages, pain and suffering, etc.) as a result of the accident.

While these four elements are straightforward in theory, proving them with sufficient evidence in a real-world crash is often complex and highly contested. Insurance companies aggressively challenge one or more of these elements to reduce or deny claims. This is precisely where experienced legal representation makes a significant difference.

SC Comparative Negligence Car Accident Cases

South Carolina uses a modified comparative negligence model when more than one person is at fault for an accident. Under this approach, a car accident victim can still pursue compensation against the at-fault party even if their negligence was partially to blame for the accident, as long as they are not 50 percent or more responsible for the accident. However, the compensation they receive is reduced by their degree of fault. For example, if the victim is 20 percent responsible for the accident, their compensation would be reduced by 20 percent. Because it is impossible to know every factor that might have contributed to the collision, you should not admit to any fault following an accident.

What You Need to Know About Dealing with Car Insurance Agents After a Crash

1. Insurance adjusters of the at-fault vehicle are not on your side. They do not represent you – they represent the person who caused your injuries and their own company.
2. The insurance adjuster may be pleasant and have you believe that he or she will handle your damage claim fairly, but the insurance company’s only goal is to minimize losses.
3. Never give a recorded or written statement to the insurance company without the advice of your attorney.
4. Do not sign any documents or accept payment from an insurance company without talking to your attorney.
5. If an insurance adjuster calls you to discuss what happened after a crash, the best thing you can say is: “Please talk to my attorney.”

What Damages Can You Recover After a Car Accident?

You can pursue compensation for the full extent of losses you suffer because of someone else’s negligence, including:

Medical Expenses

Depending on the severity of your injury, you may require extensive medical care following an auto accident. Common medical expenses for which car accident victims can receive compensation include:

Lost Earnings

You can also pursue compensation for the time you miss from work due to your injuries. If your injuries are severe and prevent you from returning to your job, you can pursue compensation for your lost earning potential.

Pain and Suffering

South Carolina recognizes that accident victims may suffer in numerous ways that cannot be easily quantified. This is why you are allowed to pursue compensation for your “pain and suffering,” which can include:

• Physical pain and discomfort
• Mental anguish and emotional trauma
• Psychological effects, including increased anxiety, depression, panic attacks, and post-traumatic stress
• Nightmares and other sleep disturbances
• Negative effects on your relationships with loved ones

Uninsured and Underinsured Motorist Claims

Not every driver on the road carries enough insurance, and some carry none at all. If the at fault driver did not have adequate coverage to pay for your losses, you may still have options. Our attorneys can review your policy and explain your rights under uninsured and underinsured motorist coverage to help you pursue the compensation you deserve.

It can be difficult to determine the value of your claim on your own. An auto accident attorney from Stewart Law Offices can gather evidence to ensure your losses are fully documented and pursue maximum compensation for your claim. To better your safety on the road, keep important documents and essential items in your vehicle; preparation is vital to starting your claim.

How Is Fault Determined in a South Carolina Car Accident?

South Carolina is a fault-based state for auto insurance, meaning that clear proof of who caused the accident must be established before a victim can recover full and fair compensation. An experienced attorney investigates eyewitness accounts, traffic camera footage, the official police report, and your own testimony to determine liability. 

In crashes involving multiple vehicles, an accurate reconstruction of how the collision occurred may be necessary, along with insights from accident reconstruction experts and cross-examination of all involved parties.

Can I Receive Workers’ Compensation If I Was Injured in a Car Accident While Working in South Carolina?

Yes. If you were injured in a car accident while performing job duties, such as making deliveries, traveling between work sites, or driving as part of your employment, you are generally eligible for workers’ compensation benefits in South Carolina.

Under South Carolina law, an injury is compensable if it arises out of and in the course of employment, S.C. Code § 42-1-160. This typically includes accidents that occur while you are driving for work-related purposes. 

Important Points include:

• You can usually pursue both workers’ compensation benefits and a personal injury claim against the at-fault driver.
• Workers’ compensation covers medical expenses and a portion of lost wages (typically 66⅔% of your average weekly wage), but it does not cover pain and suffering or other non-economic damages.
• The workers’ compensation insurance carrier has a right to assert a lien on any third-party settlement or verdict to recover benefits it has paid.

Our attorneys can help coordinate both claims, protect your rights against the insurance company’s lien, and maximize your total recovery when a car accident occurs during the course of your employment.