Understanding South Carolina Car Accident Laws

Wooden gavel and toy car model on top of a book, symbolizing legal issues related to automobiles.

A car accident can leave you dealing with physical injuries, financial burdens, and complex legal questions. Whether it’s a minor collision on Savannah Highway or a serious crash on I-26, understanding South Carolina’s car accident laws can help you protect your legal rights and financial well-being.

Why Choose Taylor Anderson Law Firm for Your Car Accident Case?

If you’ve been injured in a car accident, having a knowledgeable attorney on your side can make all the difference. Taylor Anderson, a respected Charleston personal injury lawyer, brings over 20 years of experience to each case he handles. His qualifications include:

  • Juris Doctor (J.D.), cum laude, University of Georgia School of Law
  • Bar Admissions in South Carolina (2008) and Georgia (2004)
  • Recognized as a Martindale-Hubbell Preeminent Lawyer (2021-2023) for legal excellence
  • Member of the South Carolina Bar Association, Georgia State Bar, and Charleston County Bar Association
  • Extensive litigation experience in both state and federal courts

With Charleston County seeing more than 15,000 car accidents annually (South Carolina Department of Public Safety), it’s essential to know your legal options. Taylor Anderson Law Firm can help you navigate the complexities of South Carolina’s car accident laws and pursue compensation if you’ve been injured due to someone else’s negligence.

Key South Carolina Car Accident Laws You Should Know

Modified Comparative Negligence

South Carolina follows a modified comparative negligence rule, meaning you can recover compensation as long as you are less than 51% at fault for the accident. If you are partially responsible, your compensation will be reduced by your percentage of fault.

Example: If you are found 30% at fault for the accident and your total damages amount to $100,000, your compensation would be reduced by 30%, leaving you with $70,000.

Determining fault can be complicated, especially when multiple drivers are involved. This makes it essential to work with an experienced attorney who can help protect your interests.

Statute of Limitations

The statute of limitations sets a deadline for filing legal claims after a car accident. In South Carolina:

  • Personal injury claims must be filed within three years of the accident date.
  • Property damage claims also have a three-year deadline.

If you miss the deadline, your case may be dismissed, and you could lose your right to recover compensation. Acting quickly can help preserve important evidence and strengthen your claim.

Minimum Insurance Requirements

South Carolina law requires drivers to carry the following minimum auto insurance coverage:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

Drivers must also carry uninsured motorist (UM) coverage, which helps protect you if you are involved in an accident with an uninsured driver. This coverage is crucial given that approximately 10.9% of drivers in South Carolina are uninsured, according to the Insurance Information Institute.

Reporting Requirements

In South Carolina, you are legally required to report an accident to the police if it involves:

  • Injury or death
  • Property damage exceeding $1,000

Failure to report an accident can lead to fines and complications with your insurance claim. Police reports often play a critical role in determining fault and liability in car accident cases.

Comparative Fault in Multi-Vehicle Collisions

Multi-vehicle collisions are particularly complex because fault may be distributed among several parties. South Carolina’s modified comparative negligence law applies in these cases, and each driver’s percentage of fault must be determined.

For example, if three drivers are involved in a crash and fault is determined as 40%, 35%, and 25%, only the driver who is less than 51% responsible can recover compensation—though their damages will be reduced accordingly.

Hit-and-Run Accidents

In the event of a hit-and-run, your uninsured motorist (UM) coverage may provide compensation for your injuries and damages. However, these cases can be challenging without an experienced attorney to help gather evidence, locate witnesses, and negotiate with your insurance company.

Frequently Asked Questions (FAQs)

Q: What if I was partially at fault for the accident?

A: You can still recover damages in South Carolina as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

Q: How long do I have to file a car accident claim?

A: You have three years from the date of the accident to file a personal injury or property damage claim in South Carolina.

Q: What if the other driver doesn’t have insurance?

A: Your uninsured motorist (UM) coverage can help pay for your damages if the at-fault driver is uninsured. An attorney can help you explore additional legal options.

Q: What types of compensation can I recover?

A: Depending on the circumstances of your case, you may be entitled to compensation for:

  • Medical expenses (including future medical care)
  • Lost wages and reduced earning capacity
  • Property damage
  • Pain and suffering

Q: Do I need an attorney if the insurance company offers a settlement?

A: It’s always a good idea to consult an attorney before accepting a settlement offer. Insurance companies often offer low initial settlements that may not cover long-term medical expenses or other damages. A skilled attorney can help negotiate a fair amount.

Contact Taylor Anderson Law Firm for Help

Navigating South Carolina’s car accident laws can be challenging, especially while recovering from an injury. Taylor Anderson Law Firm is dedicated to helping accident victims across South Carolina and Georgia understand their legal rights and pursue fair compensation.

Posted on behalf of Taylor Anderson Law Firm


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