Understanding South Carolina Car Accident Laws

Car accident Personal Injury lawyer

Car accidents can be life-altering events, leaving victims with physical injuries, emotional trauma, and financial stress. Understanding South Carolina’s car accident laws is crucial for protecting your rights and ensuring you receive fair compensation. At Taylor Anderson Law in Charleston, SC, we specialize in guiding accident victims through the legal process to help them recover and move forward.

Fault-Based Insurance System

South Carolina operates under a fault-based insurance system, also known as a tort system. This means that the driver responsible for causing the accident is liable for the resulting damages, which can include medical bills, property damage, and lost wages.

Victims in South Carolina have three options for recovering damages:

  • Filing a claim with their own insurance company.
  • Filing a claim with the at-fault driver’s insurance company.
  • Filing a personal injury lawsuit against the at-fault driver.

Understanding fault and how it’s determined is essential for building a strong case.

Comparative Negligence in South Carolina

South Carolina follows the rule of modified comparative negligence, which allows accident victims to recover damages even if they are partially at fault. However, the compensation is reduced by the percentage of fault attributed to the victim.

For example:

  • If you are found 20% at fault for the accident, your compensation will be reduced by 20%.
  • If you are 51% or more at fault, you cannot recover any damages.

This makes gathering evidence and presenting a strong case critical to maximizing your recovery.

Statute of Limitations for Car Accident Cases

In South Carolina, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the date of the accident. Missing this deadline can result in losing your right to pursue compensation.

Exceptions may apply in certain cases, such as accidents involving minors or government vehicles. Consulting an experienced attorney can ensure you meet all deadlines and protect your rights.

What Damages Can You Recover?

Victims of car accidents in South Carolina may be entitled to recover various types of damages, including:

  • Economic Damages: Medical bills, lost wages, property damage, and rehabilitation costs.
  • Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive Damages: Awarded in cases of gross negligence or intentional misconduct, such as drunk driving.

An experienced attorney can help you calculate the full value of your claim and pursue the compensation you deserve.

Did You Know?

  • South Carolina ranks in the top 10 states for car accident fatalities, highlighting the importance of understanding your rights.
  • Nearly 35% of fatal accidents in South Carolina involve drunk driving, making it a significant factor in many personal injury claims.

(Source: South Carolina Department of Public Safety)

Frequently Asked Questions (FAQ) | South Carolina Car Accident Laws

Do I need a lawyer for a car accident claim in South Carolina?

While not legally required, having an attorney significantly improves your chances of receiving fair compensation, especially in complex cases.

What should I do immediately after a car accident?

Seek medical attention, document the scene, gather witness information, and notify your insurance company. Consult an attorney to guide you through the next steps.

Can I file a claim if the at-fault driver is uninsured?

Yes, you can file a claim under your uninsured motorist coverage, which is required in South Carolina.

How is fault determined in South Carolina car accidents?

Fault is determined through evidence such as police reports, witness statements, and accident reconstruction.

What if I partially caused the accident?

You can still recover damages if you are less than 51% at fault, but your compensation will be reduced by your percentage of fault.

Why Choose Taylor Anderson Law?

  • Experienced Representation: Decades of experience handling car accident cases in South Carolina.
  • Personalized Attention: Tailored legal strategies to meet your unique needs.
  • Proven Results: A track record of securing fair compensation for accident victims.

Protect Your Rights After a Car Accident

Understanding South Carolina’s car accident laws is essential to safeguarding your rights and securing the compensation you deserve. At Taylor Anderson Law in Charleston, SC, we are committed to providing compassionate, results-driven representation for accident victims.

From navigating complex insurance claims to building a strong case for court, our experienced team is here to guide you every step of the way. We’ll take the time to understand your unique situation, advocate fiercely on your behalf, and work tirelessly to achieve the best possible outcome.

Don’t face this journey alone. Contact Taylor Anderson Law Today for a free consultation, and let us help you take control of your recovery, protect your future, and find justice after a car accident.

Posted on behalf of Taylor Anderson Law Firm


Go back to Blog page