According to the South Carolina Traffic Collision Fact Book, motor vehicle accidents occur every 3.7 minutes in South Carolina. In one recent year, more than 1,000 people died and another 58,000 were injured in traffic crashes in South Carolina in a recent year. Although car crashes are a common occurrence, injured victims are often confused about the process and how to go about recovering compensation for the injuries they have suffered.
If you were injured in a car crash, you can turn to the dedicated South Carolina car accident attorneys at Stewart Law Offices for help. Our experienced auto accident lawyers can provide sound legal advice and a detailed case review so that you can have a better understanding of your legal rights and how to file an injury claim.
Contact us online for a free consultation with one of our knowledgeable South Carolina car accident lawyers.
What You Can Expect from Stewart Law Offices Following A Car Accident
If you were injured or lost a family member because of someone else’s negligence, our car accident lawyers are here to help. From the first time you call us, we treat you like family. Our goal is to take the burden off of you and let you relax knowing that your case is in the capable hands of our experienced auto accident lawyers. We will take the time to explain your options so that you can make informed decisions about your case.
Commitment – We are committed to pursuing the maximum recovery and protecting your financial future.
Free Case Evaluation – There is no charge to talk with one of our attorneys about your case.
Experience – We have a dedicated, aggressive legal team with over 25 years of experience.
Personalized Attention – You will speak with an attorney. Our clients are not just another case number. Our clients are like family.
Knowledge – We have handled hundreds of injury and accidents cases. We know the law. We can guide you through this difficult time and can help take the burden off your shoulders.
Results – We have recovered Millions in accident injury claims. Although every case is unique and results vary, our results speak for themselves.*
Call at 866-783-9278 or contact us online to arrange your case review.
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.
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:
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:
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.
Common Car Accident Injuries
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. 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.
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 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 an auto accident lawyer after a crash. Evidence can quickly be lost or destroyed. 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. You can get the process started today by calling Stewart Law Offices for a free case review.
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
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.
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.
Do not sign any documents or accept payment from an insurance company without talking to your attorney.
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:
Emergency care and treatment
Transportation to the emergency room
Hospital stays
Surgical care
Physical and occupational therapy
Follow-up care
Rehabilitation
Prescription medications
Costs of future medical treatment
Property Damage
You can also receive compensation to repair or replace your damaged vehicle.
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
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.
Contact us online for a free consultation with one of our knowledgeable South Carolina car accident lawyers.
Car Accident Claims FAQs
The first thing to do following a car accident in South Carolina is to report the accident to authorities. Accept medical care at the scene if it is offered. Follow up with your medical care and follow all your doctor’s orders. Exchange information with the other driver and ask any witnesses for their contact information. Try to preserve the accident scene by taking pictures of the vehicles, any debris on the roadway, cross streets, and any other relevant elements. Only provide factual statements to the police; don’t try to guess what happened. Avoid talking to the other party’s insurance company, giving a recorded statement, or posting about the accident on social media. Also, be sure to contact a car accident lawyer to learn about your legal rights and options following an accident.
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.
Insurance companies conduct a cursory investigation to determine who is at fault in an accident, such as reviewing the accident report, pictures of the accident, and damages to vehicles. However, it is important to remember that insurance companies are for-profit companies. They have a vested interest in minimizing the value of claims against their insured so that they can protect their bottom line. For this reason, it is important that you hire an experienced car accident lawyer who can help prove the other driver was at fault for the accident.
If you’re found to be at fault for a crash in South Carolina, you won’t be able to collect compensation for your injuries. The state uses a system called comparative negligence to determine fault. You must be found less than 50 percent to blame for an accident in order to recover any money at all.
Haggling over who is at fault is one of the primary ways that insurance companies try to avoid making payouts. If they can push your portion of fault just one percentage point higher, they can avoid settling with you altogether. This is an important reason to consider hiring an attorney who can handle negotiations on your behalf and shield you from unfair insurancetactics.
Having enough auto insurance coverage is essential in case you’re ever hurt in a South Carolina car accident. Certain types of insurance are required. Drivers also have the option of purchasing additional coverage for added protection if a crash occurs. One of these is personal Injury Protection or PIP insurance.
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.
No. PIP is optional for South Carolina drivers. However, everyone is required to carry liability insurance for:
Bodily injury
Property damage
Uninsured/Underinsured motorist coverage (UM/UIM)
In order to keep premiums down, drivers often choose to purchase an auto insurance policy only up to South Carolina’s required limits. The drawback to this plan is that car accident damages, especially serious injury crashes, often have expenses that far exceed the minimum policy limits. That could leave you on the hook for any remaining costs once you’ve maxed out your policy.
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.
As car accident lawyers, Stewart Law Offices strongly recommends that you purchase as much auto insurance as you can afford. This includes underinsured motorist coverage.
Here’s the truth. Buying the minimum amount of car insurance is often not enough to cover the costs of a serious accident. Today’s medical expenses are astronomical. The average cost of an emergency room visit alone is over $1,300*. The lifetime costs of some of the most catastrophic injuries can easily reach millions.
In addition, each state sets its own minimum car insurance limits — some much lower than South Carolina’s. If you’re hit by an out-of-state driver with a smaller insurance policy, your ability to recover compensation for all of your medical bills, lost income, and pain and suffering could be significantly limited. With UIM on your own policy, you will be able to make up the difference for whatever is not paid by the other driver’s insurer up to the policy’s limits. It’s added protection.
Get Help from Our Experienced South Carolina Car Accident Attorneys
We will review your case for free, and you do not pay any attorney fees unless and until we secure money for you.
If you were injured in a car accident in South Carolina, Stewart Law Offices is here to help. When you call us for a free case evaluation, we will discuss your rights and answer any questions you have about making a claim. We will work closely with you throughout the claim, guiding you the entire way. Contact us online to get started today.
