Columbia Fatal Accident Lawyer

The death of a loved one in a car accident is a devastating loss that no family should endure. Beyond the profound emotional grief, families face significant financial burdens, unanswered questions about how the crash occurred, and the challenge of seeking accountability from those responsible.

When a fatal car accident takes a family member from you, the emotional pain is matched only by the complexity of the legal and financial challenges that follow. At Stewart Law Offices, our Columbia car accident attorneys understand that no legal settlement can replace the person you’ve lost, but we fight to hold negligent drivers accountable and secure the financial resources your family needs to move forward.

Fatal Traffic Crashes in South Carolina

The National Highway Traffic Safety Administration projects that 39,345 people died in traffic crashes across the United States in 2024, representing a decrease of approximately 3.8 percent compared to 2023. This marks the first time since 2020 that fatalities fell below 40,000.

In South Carolina specifically, recent data shows encouraging trends. Fatal crashes fell 9 percent in 2024 and reached the lowest level in at least seven years. Deadly accidents have declined for four consecutive years and are now down 18 percent from a peak in 2021, according to the South Carolina Department of Public Safety.

Despite these improvements, South Carolina roads remain dangerous. The South Carolina Department of Public Safety determined that drivers were the primary contributing factor in over 82 percent of fatal crashes in 2022.

Common Causes of Fatal Car Accidents in Columbia

Fatal car accidents often result from preventable driver negligence. Understanding common causes helps identify liability in wrongful death claims:

Impaired Driving: Alcohol and drug impairment significantly increase crash severity. Impaired drivers have slower reaction times, impaired judgment, and reduced ability to control their vehicles.
Excessive Speed: High-speed collisions generate greater force, making injuries more severe and often fatal. Speeding reduces drivers’ ability to react to hazards and increases stopping distances.
Distracted Driving: Texting, phone calls, eating, and other distractions take drivers’ attention from the road. Even brief distractions can result in fatal crashes, particularly on highways where vehicles travel at high speeds.
Reckless Driving: Aggressive maneuvers, weaving through traffic, running red lights, and other reckless behaviors create dangerous conditions that can result in fatal collisions.
Drowsy Driving: Fatigued drivers experience impaired reaction times similar to impaired drivers. Drowsiness is particularly dangerous on long highway stretches like Interstate 26 and Interstate 77.
Failure to Yield: Drivers who fail to yield the right-of-way at intersections, merges, and crosswalks cause crashes that can prove fatal, particularly when collisions occur at higher speeds.
Vehicle Defects: Mechanical failures such as brake defects, tire blowouts, or steering malfunctions can cause drivers to lose control, resulting in fatal crashes.
Poor Road Conditions: Inadequate signage, poor lighting, defective traffic signals, or hazardous road surfaces can contribute to fatal accidents when government entities fail to maintain safe roadways.

Types of Fatal Collision Scenarios

Different collision types present varying risks of fatal outcomes:

Head-On Collisions: These occur when vehicles traveling in opposite directions collide front-to-front. The combined impact force makes head-on collisions extremely dangerous and often fatal.
T-Bone Crashes: Side-impact collisions at intersections expose vehicle occupants to direct impact with minimal protection from door panels and side structures.
Rollover Accidents: When vehicles tip and roll, occupants face ejection risks and multiple impact points, often resulting in fatal injuries.
Commercial Truck Crashes: The size and weight disparity between commercial trucks and passenger vehicles means truck accidents frequently cause fatal injuries to occupants and vehicle passengers.
Pedestrian and Bicycle Accidents: Pedestrians and cyclists have no protective barriers, making collisions with motor vehicles potentially fatal.
Multi-Vehicle Crashes: Highway pileups and chain-reaction crashes on Columbia’s busy interstates can result in multiple fatalities when numerous vehicles collide.

South Carolina Wrongful Death Law

South Carolina law provides a legal framework for families to pursue compensation after fatal car accidents caused by negligence.

Who Can File a Wrongful Death Claim:

Unlike personal injury claims, wrongful death claims cannot be filed directly by surviving family members. Under South Carolina Code § 15-51-20, only the executor or administrator of the deceased person’s estate can file a wrongful death lawsuit. This personal representative may be named in the deceased’s will or appointed by the court if no will exists.

Beneficiaries:

Although the personal representative files the claim, any damages recovered are distributed to the deceased’s beneficiaries. South Carolina law identifies beneficiaries as:

Surviving spouse
Children (including adopted children)
Parents (if no spouse or children survive)
Heirs at law (if no immediate family survives)

Time Limits for Filing:

South Carolina law requires wrongful death claims to be filed within three years from the date of death under SC Code § 15-3-530(6). This deadline applies regardless of when the family discovers the full circumstances of the crash or realizes negligence played a role.

Important exceptions include:

Government Entities: Claims against government defendants must be filed within two years under South Carolina’s Tort Claims Act.
Medical Malpractice: If death results from medical malpractice following a crash, the statute of limitations may be extended based on when the malpractice was discovered, but it cannot exceed six years from the date of the alleged malpractice.

Missing these deadlines typically results in permanent loss of the right to pursue compensation through the courts.

The Role of Insurance Companies

Insurance companies often dispute liability in fatal accident cases, especially under South Carolina’s modified comparative negligence rule. If the victim is found more than 50% at fault, the family may be barred from recovery. Skilled legal representation is essential to challenge these arguments and secure fair compensation.

Dealing With Insurance Companies After a Fatal Crash

Insurance adjusters often contact grieving families immediately after fatal accidents, before families have had time to understand their legal rights or the full value of their claims. These early contacts frequently result in inadequate settlements that fail to account for the family’s total losses.

Common insurance company tactics include:

Offering quick settlements before families consult attorneys
Downplaying the deceased’s earning capacity
Claiming comparative fault to reduce liability
Disputing the extent of the family’s financial dependence
Delaying investigations to pressure families into accepting low offers

Our attorneys shield families from these tactics and ensure insurance companies provide the full compensation South Carolina law requires.

Visit Our Fatal Accident Lawyers in Columbia

Contact Our Columbia Fatal Accident Lawyers Today

Fatal crash cases involve complex legal and procedural requirements, making experienced representation essential. At Stewart Law Offices, our Columbia wrongful death attorneys conduct immediate investigations, consult accident reconstruction and medical experts, identify all liable parties and insurance coverage, and calculate damages, including future losses.

We handle all filings, protect families from insurance tactics, negotiate fair settlements, and provide trial representation when necessary. With 30 years of experience helping Columbia families, we ensure compliance with court approval requirements. Call 803-743-4200 or contact us online for a free, confidential consultation.