man holding his neck in pain after a rear-end collision

Spartanburg Car Accident Lawyer

When you get into a car accident, it impacts nearly every aspect of your life. Suddenly, you may face a stack of medical bills and other expenses. Your injuries may also prevent you from working and earning income. Like many people, you may never be able to return to your job after a crash due to chronic pain or lingering disability.

At Stewart Law Offices, our Spartanburg car accident lawyers provide the skilled and compassionate legal service that victims and their families need during these difficult times. We treat our clients like family. We protect them like family, too. We don’t let insurance companies bully them around, and we fight for the compensation they deserve.

If you suffered injuries in a car accident due to someone else’s negligence, or if you lost a loved one in a crash, contact us today for a free consultation. You can reach us 24/7. If you can’t come to our Spartanburg office, we’ll come to you – we offer home and hospital visits.

Call at 866-783-9278 or contact us online to arrange your free and confidential case review.

Steps to Take After a Spartanburg Car Accident?

If you have never been involved in a car accident before, you may be unsure of what to do next. As a result, you could make mistakes that hurt your ability to recover compensation for your injuries and losses.

To avoid those mistakes, we suggest that you do the following after a crash in Spartanburg:

  • Get medical attention. As soon as you can, you should see your doctor or visit a local medical facility such as Mary Black Health System or Spartanburg Regional Medical Center. If you wait too long, your injuries may only get worse. Additionally, timely documentation of your injuries can help prevent an insurance company from claiming that your injuries are not serious or related to your car accident.
  • Keep everything. You should keep records of all your accident-related expenses, including medical bills and car repair receipts. You should also keep photos you took at the accident scene and the names and phone numbers of any witnesses.
  • Report the accident to your own insurance company. You need to give the green FR-10 form that you got at the crash scene to your insurance company. The insurer must fill out and send the form to the S.C. Department of Transportation within 15 days of your accident to show that you have proper liability insurance.
  • Get a copy of the accident report. The report can provide helpful information about your crash. You can order a copy through the S.C. Department of Motor Vehicles or go directly to the agency that filed the report such as the Spartanburg Police Department, Spartanburg County Sheriff’s Office, or C. Highway Patrol (Troop 3, Post D).
  • Don’t talk with other driver’s insurance companies. An insurance adjuster may call you within days after your accident. Before you talk with a lawyer, you should refrain from giving any statement to the adjuster or accepting a settlement offer.
  • Call Stewart Law Offices for a free consultation. We will review the facts of your case, discuss your rights and options, and answer your questions. Once you hire us, we can take over all communication with the insurance company and allow you to focus on your health and your family.

How Can Our Lawyers Help You After a Car Accident?

Our founding attorney, Brent Stewart, has more than two decades of experience in handling car accident claims in Spartanburg and throughout South Carolina. He is a lifetime member of the Million Dollar Advocates Forum* and Multi-Million Dollar Advocates Forum* – honors bestowed only on lawyers** who have won million and multi-million-dollar verdicts, awards, and settlements. He has assembled a legal team that will know how to pursue maximum compensation for you.

When we take on your case, our legal team will:

  • Thoroughly investigate your accident. We will take immediate steps to preserve, collect, and study evidence that establishes why your car accident happened and who should be held responsible for it.
  • Calculate your damages. We will also gather and examine your medical records and other evidence that establishes the physical, emotional, and financial harm that you have suffered. In many cases, we consult with medical professionals in order to better understand a client’s injuries.
  • Pursue full and fair compensation. Our attorneys prepare solid cases for trial. Our hard work and preparation give us leverage when we present cases to insurance companies and demand full and fair settlements for our clients.

In addition to these steps, we can help you deal with medical bill collectors and other creditors while your case is pending. We also often assist clients with their property damage claims. Our goal is to relieve your stress and help you get through one of the most difficult times you may face in your life.

We represent car accident clients on a contingency fee basis. This means that you will pay nothing unless we secure compensation for you. If we obtain a settlement or verdict, our fees will represent a percentage of the award. We will then be reimbursed for any funds our firm expands on pursuing your claim.

Determining Fault and Liability in a Spartanburg Car Accident

Establishing who is at fault for a car accident is crucial to recovering compensation for your injuries. South Carolina follows a modified comparative negligence rule, which means that you can recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.

The Four Elements of Negligence

To prove fault in a car accident case, your attorney must establish four key elements:

  1. Duty of Care: Every driver has a legal obligation to operate their vehicle safely and follow all traffic laws to avoid harming others on the road.
  2. Breach of Duty: The at-fault party violated their duty of care through actions such as speeding, running a red light, driving while intoxicated, or engaging in other negligent behaviors.
  3. Causation: There must be a direct link between the defendant’s breach of duty and the accident that caused your injuries. Your attorney must demonstrate that the accident would not have occurred but for the defendant’s negligent actions.
  4. Damages: You must have suffered actual harm or losses as a result of the accident, including medical expenses, lost wages, property damage, pain and suffering, and other compensable damages.

Evidence Used to Establish Fault

Our experienced Spartanburg car accident attorneys diligently collect essential evidence to construct a robust case on your behalf. This includes:

  • Official Documentation: Police reports detailing the accident scene, including officer assessments of fault and any gathered witness statements.
  • Visual Evidence: Photographs and video footage from the scene, traffic cameras, or dashcams.
  • Eyewitness Accounts: Testimony from individuals who directly observed the collision.
  • Expert Analysis: Professional accident reconstruction to clearly demonstrate the sequence of events leading to the collision.
  • Medical Proof: Records that establish a direct link between your injuries and the car accident.
  • Driver Activity Records: Cell phone records that may indicate the at-fault driver was distracted (texting or talking) while driving.
  • Vehicle and Road Condition Records: Maintenance records that could reveal vehicle defects or evidence of poor road conditions contributing to the accident.

Multiple Party Liability

In some cases, more than one party may share liability for your accident. For example, if a drunk driver ran a red light but was also driving a vehicle with defective brakes, both the driver and the vehicle manufacturer could be held responsible. Our attorneys have the experience to identify all potentially liable parties and pursue maximum compensation from every available source.

Common Questions Our Car Accident Attorneys Are Asked

While you are free to handle your claim yourself, car accident claims can be complicated. You probably don’t have the time or energy to gather evidence, document losses, investigate the accident, negotiate with insurance companies, prepare a demand package, and do everything else involved in a personal injury claim. An experienced South Carolina car accident lawyer from Stewart Law Offices can handle your claim while you focus on your recovery.

Unfortunately, there’s not a simple answer to this question because every case is different. An experienced car accident lawyer will take the time to build a solid claim that fairly compensates you for your losses. You can trust our team to protect your rights and to expedite your claim as much as possible.

The most important priority after being hurt in a car accident in South Carolina is getting medical treatment. After a crash, many people wonder whether it’s best to go through their health insurance or through the at-fault driver’s insurance company first. Here, Stewart Law Offices breaks down what you should do and why.

That depends on your injuries, the circumstances of the car accident, the other driver’s insurance policy limits, and the terms of your own auto policy. The insurance company will only pay up to the at-fault driver’s policy limits.

However, if you were hit by an uninsured or underinsured driver, you may be able to recoup your losses through your own insurance company.

Visit Our Car Accident Lawyers in Spartanburg

Why Do Car Accidents Happen in Spartanburg?

Driving can be dangerous in Spartanburg. In 2016 alone, a total of 9,832 collisions occurred on county roads, killing 54 people and injuring 3,967 others, according to the S.C. Department of Public Safety. Only four other counties in South Carolina had more accidents. The Post and Courier report that I-85 and East Main Street in Spartanburg actually rank as one of the top 10 worst intersections in the state based on the number of crashes that occur there.

Some of the common types of negligence that cause car accidents in the area include:

  • Distracted driving (including talking on phones and texting while driving)
  • Speeding, tailgating, and other forms of aggressive driving
  • Drunk driving and driving while impaired by illegal or prescription drugs
  • Driving while overly fatigued (a major problem with commercial drivers)
  • Driving with a lack of experience (a leading cause of teen crashes)
  • Auto defects (due to poor design or manufacturing, or due to negligent inspection and maintenance of a vehicle)
  • Dangerous road conditions (often due to a government agency’s failure to maintain roads)

We represent victims of all kinds of car accidents, including those that involve tractor-trailers, motorcycles, pedestrians, and bicycles. We also assist clients with claims that involve uninsured motorists, hit-and-run accidents, head-on collisions, and underinsured drivers. Contact us today, and we can review the specific facts of your accident.

How to Deal With Insurance Companies After a Car Accident

Dealing with insurance companies after a car accident can be one of the most frustrating aspects of the recovery process. Insurance adjusters may seem friendly and helpful, but remember that they work for profit-driven companies whose primary goal is to minimize payouts. Here’s what you need to know:

South Carolina Insurance Requirements

South Carolina law requires minimum liability insurance:

  • $25,000 per person for bodily injury
  • $50,000 total for all persons injured in one accident
  • $25,000 for property damage

Additionally, South Carolina requires uninsured/underinsured motorist coverage, which protects you if you’re hit by an uninsured or underinsured driver.

First-Party vs. Third-Party Claims

After an accident, you have two options for pursuing compensation:

  1. First-Party Claim: Filing with your own insurance company and providing the at-fault driver’s insurance information. Your insurer will then seek reimbursement from the other driver’s insurance company through a process called subrogation.
  2. Third-Party Claim: Filing directly with the at-fault driver’s insurance company. This approach requires you to prove liability and negotiate directly with the other party’s insurer, which can be more complex and adversarial.

Common Insurance Company Tactics

Insurers employ strategies to reduce or deny claims:

  • Lowball Quick Settlements: Offering minimal compensation before full injury assessment.
  • Recorded Statements: Using your words against you to lessen their liability.
  • Delaying: Hoping you’ll settle for less or miss key deadlines.
  • Disputing Treatment: Questioning if injuries relate to the accident or if treatment is necessary.
  • Surveillance: Monitoring social media or conducting physical checks to undermine injury claims.

Why You Need an Attorney

Having an experienced Spartanburg car accident lawyer handle your insurance claim provides significant advantages:

  • Maximizing Claim Value: We accurately calculate the total worth of your claim, accounting for future medical costs and long-term consequences.
  • Serious Negotiation: Claims handled by legal counsel are taken more seriously by insurance companies.
  • Defending Against Unfair Tactics: We identify and contest questionable or “bad faith” insurance practices.
  • Prepared for Trial: Should negotiations prove unsuccessful, we are fully prepared to litigate your case in court.

Never accept a settlement offer or sign any documents without first consulting with an attorney. Once you accept a settlement, you typically cannot pursue additional compensation later, even if your injuries prove more serious than initially thought.

Spartanburg Car Accident Injuries

Our legal team understands the devastating impact of injuries that people sustain in car accidents. We often work with clients in Spartanburg who have suffered physical and mental injuries such as: Car Accident in Spartanburg, SC- Stewart Law Offices

  • Scarring and disfigurement
  • Internal bleeding or organ damage
  • Burns
  • Post-traumatic stress disorder (PTSD)

What Damages Can You Recover After an Auto Accident?

We work tirelessly for our clients and aggressively pursue maximum compensation for the harm they have suffered. While every case is different, the types of damages we typically seek for our clients include:

  • Past and future medical expenses
  • Lost income and reduced future earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Punitive damages (if a case involves exceptional misconduct)

Suppose your loved one died in a crash in Spartanburg. In that case, you may be eligible to recover wrongful death damages, including compensation for funeral and burial expenses and the loss of a loved one’s financial support.

You may choose to settle your case or take it to trial. The decision will always be yours – and yours alone – to make. No insurance adjuster or lawyer should ever pressure you into making a decision. Our firm will always provide an open and honest assessment of any settlement offers that you receive and help you to make an informed decision.

Factors That Influence Case Value

Several factors can significantly impact the value of your car accident case:

  • Severity of injuries: More serious injuries (e.g., fractures, traumatic brain injuries, spinal damage) typically result in higher settlements.
  • Degree of fault: South Carolina follows modified comparative negligence under S.C. Code § 15-38-15. You can recover if you are 50% or less at fault (reduced by your percentage of fault). If you are 51% or more at fault, you recover nothing.
  • Insurance policy limits: The at-fault driver’s coverage may cap available compensation unless other sources (e.g., underinsured motorist coverage) apply.
  • Strength of evidence: Clear proof of fault (police reports, witness statements, photos) and damages leads to better outcomes.
  • Impact on your life: Long-term or permanent disabilities increase value.
  • Quality of legal representation: Experienced attorneys often secure higher settlements through negotiation and evidence presentation.

Average Settlement Amounts

There is no fixed “average” settlement, as amounts vary widely based on case specifics. Minor injury cases often settle in the tens of thousands of dollars. Cases with moderate injuries (e.g., fractures, concussions) may range from $25,000 to $100,000. Severe or catastrophic injuries (e.g., permanent disabilities, traumatic brain injuries, or wrongful death) can result in settlements or verdicts in the hundreds of thousands to millions of dollars.

Our firm has successfully recovered substantial compensation for car accident victims, including settlements and verdicts in the hundreds of thousands to millions for cases involving serious injuries. The best way to determine the potential value of your specific case is to schedule a free consultation with our Spartanburg car accident attorneys. We’ll review your circumstances, evaluate your damages, and provide an honest assessment of what you can expect.

Contact Stewart Law Offices today at 866-783-9278 or online for a free, no-obligation consultation.

How Much Does a Spartanburg Car Accident Lawyer Cost?

We understand that cost is a concern for accident victims who are already facing mounting medical bills and lost income. That’s why Stewart Law Offices works on a contingency fee basis for all car accident cases.

This fee structure provides several key benefits:

  • Zero Upfront Costs: You pay no attorney fees to begin work on your case.
  • No Out-of-Pocket Expenses: We cover all costs associated with your case, such as court filing fees, investigation expenses, and expert witness fees.
  • You Only Pay If We Win: Attorney fees are only due if we successfully secure a settlement or verdict on your behalf.
  • Percentage-Based Fee: Our fee is a percentage of the total recovery, typically between 33% and 40%, depending on the case’s complexity and whether it proceeds to trial.

Why Contingency Fees Benefit You

This fee structure gives you access to quality legal representation regardless of your financial situation. We’re motivated to maximize your recovery since we only get paid when you do. Plus, there’s no financial risk – if we don’t win, you owe nothing. That means you can focus on healing while we handle the legal stuff 

Transparency in Billing

We believe in complete transparency about costs and fees. During your free consultation, we’ll explain our fee structure in detail and answer any questions you have. There are no hidden charges, and you’ll understand exactly what to expect before you sign anything.

How Long Do You Have to File a Car Accident Lawsuit in South Carolina?

Under South Carolina law, you will have only a limited period of time to file a car accident lawsuit. This is called the statute of limitations. If you fail to bring a legal claim before the statute of limitations expires, you will likely miss the chance to recover any compensation for your car accident injuries.
Generally, in South Carolina, you must file a personal injury claim within three years from the date of your auto accident. If your loved one died in a crash, you must bring a wrongful death claim within three years of death. Because of these time limits, you should not wait to seek help from an experienced Spartanburg car accident lawyer.

Stewart Law Offices Discuss Key Aspects of Car Accident Claims

Call at 866-783-9278 or contact us online to arrange your free and confidential case review.

Deadliest Roads and High-Risk Areas in Spartanburg

Understanding where accidents occur most frequently helps drivers exercise extra caution in high-risk areas.

Interstate 85 – Spartanburg County’s Most Dangerous Highway

According to the SC Department of Public Safety’s 2022 Traffic Collision Fact Book:

  • 1,073 total collisions in 2022
  • High speeds create severe crash risks
  • Heavy commercial truck traffic
  • Complex interchanges

Most Dangerous I-85 Interchanges

  • SC-290 interchange: 171 collisions
  • SC-57 interchange: 136 collisions
  • SC-01 interchange: 115 collisions
  • US-29 interchange: 108 collisions
  • SC-14 interchange: 108 collisions

I-85 and East Main Street: One of South Carolina’s top 10 most dangerous intersections

Other High-Risk Highways

Major collision corridors in Spartanburg County:

  • US Highway 29 (Church Street): 1,053 collisions
  • US-176: 625 collisions
  • US-221: 553 collisions
  • SC-9: 491 collisions

Downtown Spartanburg High Injury Network

Streets where serious and fatal crashes occur most frequently:

  • East Main Street
  • Pine Street
  • Church Street
  • Saint John Street
  • John B. White Sr. Boulevard

Residential and Commercial Corridors

Heavy accident concentration areas:

  • Reidville Road
  • Boiling Springs Road
  • Chesnee Highway

When Spartanburg Accidents Occur Most

Day of Week

  • Fridays: Highest number of injury collisions

Time of Day

  • 3:00 PM – 6:00 PM: Most total collisions (afternoon rush hour)
  • 6:00 PM – 9:00 PM: Most deadly crashes (impaired driving, reduced visibility)

Contributing Factors to High-Risk Areas

Conditions creating dangerous situations:

  • Heavy rainfall creating poor visibility and slick surfaces
  • Construction zones with changing traffic patterns
  • Narrow lanes requiring extra attention
  • Congested traffic
  • Numerous intersections
  • Pedestrian activity

How Drivers Can Reduce Risk

Following protective measures for Spartanburg motorists can reduce the risk of accident:

  • Exercise heightened caution on known dangerous roads
  • Follow posted speed limits
  • Adjust speed for conditions
  • Avoid distracted driving in high-traffic areas
  • Never drive impaired by alcohol or drugs
  • Maintain safe following distances
  • Stay alert for other drivers’ negligent behaviors

If you’re injured in a Spartanburg car accident, don’t become another statistic. Contact Stewart Law Offices for experienced legal representation that fights for the compensation you deserve.

Our Spartanburg Car Accident Attorneys Are Ready to Help You

Spartanburg Office image
Don’t wait to take action. If someone else’s negligence caused a car accident in Spartanburg that injured you or caused the loss of your loved one, contact Stewart Law Offices today. We are available to discuss your case 24/7. Contact us through our online form for a free consultation.

**This case and others mentioned on the site are only examples of our practice areas; every case result will vary depending on the facts unique to each situation. We have not included all case results on this website; please know that prior results do not guarantee a similar resolution in your case.