North Charleston, SC Fatal Car Accident Lawyer

Wrongful Death Attorneys Serving Dorchester, Charleston, and Berkeley Counties

Over the past decade, North Charleston has seen massive numbers of new residents move into the city. North Charleston is a great place to live, work, and raise a family. For the most part, this growth is welcome, as it brings in more jobs. However, with the increase in population comes a corresponding increase in the number of cars on the road. In part, this is why the number of fatal North Charleston car accidents has been on the rise.

Losing a loved one in a preventable car accident is a tragedy that no one should ever experience. Every year, more than 1,000 families have a loved one ripped away from them due to another driver’s carelessness. The North Charleston personal injury lawyers at the Steinberg Law Firm are here to help. We have over 95 years of experience helping families recover financial compensation for their losses by holding negligent drivers responsible for their actions. We understand that nothing can bring a loved one back; however, with our help, you may not need to deal with the financial burdens of your loss.

Car Accident Statistics

The National Highway Traffic Safety Administration (NHTSA) estimates that 8,650 people died in car accidents nationwide in the first quarter of 2024 – a 3.2 decrease from the first quarter of 2023. 

However, this decrease was not evenly distributed around the nation. South Carolina and neighboring Tennessee, Georgia, Alabama, and Florida saw an overall decrease of 12 percent in Q1 2024 fatal car crashes versus Q1 2023. Northern and northeastern states, including the Great Lakes and New England, however, saw increases in deadly crashes. 

South Carolina saw approximately 251 deaths in the first quarter of 2023 and 232 in the first quarter of 2024, representing a 7.6 decrease. 

These numbers are a recent reversal in a larger overall trend. When one takes a longer view, one finds that South Carolina’s roads are gradually getting deadlier. From 2013 to 2023, South Carolina’s traffic crash rates increased by 34 percent, and death rates increased by 9 percent.

According to the most recent data compiled by the South Carolina Department of Public Safety, in 2022:

• One traffic collision occurred every 3.7 minutes in South Carolina.
• One fatal traffic collision occurred every 8.6 hours. 
• At least one person was injured in a crash every 15.4 minutes.
• Property was damaged in a crash every 4.9 minutes.

South Carolina Fatality Statistics

One person died every 8 hours, on average, in a car crash in 2022. Among these deaths:

• One person died in a DUI-related crash every 18.5 hours.
• One motorcyclist died every 2.5 days.
• One bicyclist was killed every 14.6 days.
• One pedestrian dies every 2.1 days. 
• One passenger without a seat belt died every 22.6 hours. 
• One teenager died or was injured every 1.5 hours.
• One child under age 8 was seriously injured or killed every 5.9 days. 

In 2022, 25 bicyclists died on South Carolina roads, up from 23 in 2021. In addition, 53.9 percent of those killed in car accidents in 2022 weren’t wearing a seatbelt when one was available to them. 

Fatal accidents weren’t distributed evenly among all types of vehicles in 2022. For example:

• 528 deaths occurred in car crashes,
• 294 deaths occurred in pickup truck crashes,
• 81 deaths occurred in tractor-trailer crashes,
• 35 deaths occurred in crashes involving other truck types,
• 22 deaths occurred in crashes involving a full-size passenger van,
• 27 deaths occurred in minivan crashes,
• 357 deaths occurred in SUV crashes,
• 147 deaths occurred in motorcycle crashes,
• 23 deaths occurred in crashes involving other types of motorbikes, 
• 25 deaths occurred in bicycle crashes,
• 173 deaths involved a vehicle hitting a pedestrian,
• 7 deaths occurred when a vehicle collided with a train and
• 4 deaths occurred in a school bus accident.

These crashes cost the state and its people approximately $5.1 billion in medical bills, lost wages, and other expenses. 

The South Carolina Department of Public Safety defines a crash’s “primary contributing factor” as the main reason or cause of a crash. In 2022, SCDPS determined that the driver of a vehicle involved in a fatal crash was the primary contributing factor in 82.32 percent of crashes. In 15.42 percent, a “non-motorist” was the primary contributing factor. Vehicle defects were the primary contributing factor in 0.98 percent of fatal crashes. 

Driver Behavior the Primary Factor in Most South Carolina Crashes

Many types of driver behavior can be the “primary contributing factor” of a crash. According to SCDPS, in 2022:

• 41 fatal crashes were caused by a driver disregarding a traffic sign or signal.
• 5 fatal crashes were caused by drivers who were distracted or weren’t paying attention.
• 218 fatal crashes occurred when a driver traveled too fast for conditions.
• 22 fatal crashes occurred when a driver exceeded the posted speed limit.
• 97 fatal crashes were caused by a driver failing to yield the right of way.
• 27 fatal crashes were caused by a driver running off the road.
• 6 fatal crashes occurred when a driver fell asleep at the wheel.
• 6 fatal crashes occurred when a driver made an improper turn.
• 29 fatal crashes were caused by a driver who drove aggressively.
• 74 fatal crashes were caused by a driver going the wrong way in a traffic lane.
• 247 fatal crashes were caused by a driver driving under the influence of alcohol or drugs. 

Top vehicle defects that SCDPS listed as the “primary contributing factor” of a fatal crash in 2022 included:

• Tire and wheel problems
• Issues with vehicle lights
• Other vehicle defects

SCDPS defines the “first harmful event” as the first-moment injury or property damage that occurs after a collision. In some crashes, the first harmful event is the only harmful event; in others, the first harmful event sets off a chain reaction, causing additional injuries, property damage, or deaths. 

In 2022, the first harmful event in 60.31 of fatal traffic crashes was a collision with a non-fixed object like another vehicle or a person. In 34.28 percent of fatal collisions, the first harmful event occurred when a vehicle struck a fixed object like a guardrail or light pole. 

Over 5 percent of crashes did not have collision as a first harmful event. For instance, these collisions involved a vehicle crossing a median or center line (3 deaths), a vehicle rolling over (24 deaths), or a person falling from a two-wheeled vehicle like a bicycle or motorcycle (25 deaths).

The “first harmful event” is not always the one that kills a person. Identifying this event, however, helps investigators understand the chain of causes that led to a death or serious injury in a crash. 

South Carolina Fatal Motor Vehicle Accident Demographic Data 

SCDPS also tracks driver characteristics that are connected to fatal traffic crashes in the state. In 2022, SCDPS recorded that:

• 70.5 percent of drivers involved in fatal crashes were male, while 26.5 percent were female.
• Men ages 20 to 24 represent only 3.7 percent of all licensed drivers, but they account for 8.3 percent of drivers involved in fatal traffic accidents. 
• Women ages 20 to 24 represent 3.7 percent of all licensed drivers, but they accounted for only 2.9 percent of drivers involved in fatal crashes. 
• Out-of-state drivers were involved in 14.2 percent of all fatal traffic crashes. Nearly half of out-of-state drivers involved in deadly crashes come from only three states: North Carolina, Georgia, and Florida. 

SCDPS determined that 91.7 percent of all primary contributing factors to fatal car accidents were driver-related in 2022.

The Most Dangerous Roads, Days and Months in South Carolina

Some roads account for more deadly crashes in South Carolina than others. In 2022:

• Interstate freeways: 160 deaths
• US Primary highways: 486 deaths
• SC Primary routes: 419 deaths
• Secondary streets: 424 deaths

In 2022, 54 drivers were involved in fatal crashes on county roads. Seven drivers were involved in a fatal crash on a highway ramp. 

Statistics show that while fatal accidents can occur at any time, certain times of day and year are more dangerous than others. For example:

• Fatal collisions are more likely to occur in October (107 deaths), July (98 deaths), and September (91 deaths). 
• Traffic deaths are highest on Friday, Saturday, and Sunday. These three days accounted for 50.9 percent of all SC traffic deaths in 2022. Of these, Sunday was the deadliest, accounting for 19.4 percent of all deaths. 
• The Memorial Day holiday weekend was the deadliest holiday on South Carolina roads in 2022, with one death every 4.6 hours.
• Traffic crashes are most common between 3 and 6 pm, but fatal crashes most often occur between 9 pm and midnight. 

Trends in North Charleston, SC

North Charleston’s statistics tend to parallel those of the state as a whole. In 2021, 24 fatal traffic crashes occurred in North Charleston, involving 34 vehicles. In total, 27 people died in these crashes. Thirteen pedestrians were killed in North Charleston in 2021. 

South Carolina’s total fatality rates may have dropped in recent years, but North Charleston’s are rising. For example, 2021’s total fatal accident count of 24 is higher than 2020’s total of 21 fatal accidents in North Charleston. More people died in North Charleston crashes in 2021 than in 2020 (27 versus 22) as well.

Causes of North Charleston Fatal Car Accidents

Fatal traffic accidents can occur on any type of road; however, these accidents tend to happen more frequently on large highways and state roads. Due to its location between Charleston and Summerville, North Charleston sees a lot of pass-through traffic. Two of the area’s major highways, Interstate 26 and Interstate 526, pass right through North Charleston. People who work in Charleston and live in Summerville, Sangaree, Lincolnville and other nearby cities, use these highways to commute. Thus, North Charleston sees more than typical traffic than any other city experiences.

North Charleston’s location heavily impacts the most common causes of accidents in the city. For example, according to the South Carolina Department of Public Safety, the top reasons for fatal car accidents in Charleston, Berkeley and Dorchester counties include:

• Failure to yield the right-of-way
• Running off the road
• Improper lane change
• Driving too fast for the conditions
• Distracted Driving
• Following too closely

After losing a loved one in a fatal North Charleston traffic accident, it may not be apparent what caused the collision. Although this is normal, it can also put additional stress on an already grieving family. While a police investigation may shed some light on what contributed to the accident and may result in criminal charges being filed against the at-fault driver, this will do little to help the deceased accident victim’s family. However, surviving loved ones can pursue a South Carolina wrongful death claim.

What Is a South Carolina Wrongful Death Claim?

When a driver’s negligence causes another’s death, they may face criminal charges. Often, this involves situations where the at-fault driver was intoxicated or driving aggressively. Criminal charges are filed against the driver based on their alleged violation of a state statute. If convicted, the driver may face incarceration, and can be ordered to pay court costs and fines. However, a criminal conviction in a criminal case will do little to nothing to help the family of an accident victim. Instead, they can file their own North Charleston wrongful death claim.

A wrongful death claim is a type of personal injury lawsuit brought by the surviving loved ones of a deceased accident victim. The goal of a wrongful death claim is to compensate the victim for the damages they suffered due to the defendant’s negligence. In this way, these claims are similar to traditional North Charleston car accident lawsuits.

To successfully bring a wrongful death case, a plaintiff must prove that the other driver was legally negligent. To do so, they must be able to establish that another person’s “wrongful act, neglect, or default” caused the death of their loved one.

At the Steinberg Law Firm, we help families affected by the tragedy of a North Charleston fatal car accident. We are here to answer your questions about the process and offer you well-reasoned advice about your options. If you decide to pursue a wrongful death claim, we will be there with you every step of the way. With our help, you may be able to recover significant monetary compensation for the loss of your loved one.

Damages in a North Charleston Fatal Car Accident

After a fatal car accident, the grief a family experiences cannot be measured, certainly by any dollar amount. Indeed, few families who have lost a loved one in a fatal North Charleston car accident initially think to file a wrongful death claim. However, once the realization of their loss sets in, many families realize that they not only suffered an emotional loss, but a financial one, too. A wrongful death claim can help families deal with the many costs associated with a fatal car accident, including:

• The expenses related to any medical care provided to their loved one before they died;
• Any funeral and burial costs;
• Lost wages, including the loss of future earnings that the accident victim would reasonably have been expected to earn throughout their lifetime;

These are referred to as “economic damages,” because they pertain to a family’s financial losses related to the accident. Families may also be able to obtain “non-economic damages,” which provide compensation for the less tangible – but equally as important – losses. Non-economic damages in a South Carolina wrongful death claim can include:

• Emotional distress
• Loss of consortium (involving a spousal relationship)
• Loss of society and companionship (involving a relationship with others)
• Mental anguish
• Pain and suffering

Notably, while some states limit the amount of non-economic damages that a family can receive in a wrongful death claim arising from a fatal car accident, South Carolina imposes no such limits. 

However, many families encounter hurdles when bringing a North Charleston wrongful death claim after a fatal traffic accident. For example, the at-fault driver will often argue that the deceased accident victim was wholly or partially responsible for causing the collision. Under South Carolina’s modified comparative negligence laws, a family can recover against other parties as long as their loved one’s negligence does not exceed the total negligence of the other parties combined. Family members can still bring a claim against another party if their loved one was less than 51 percent at fault. However, if a judge or jury determines that an accident victim was partially at fault, the court will reduce that party’s damages award by their percentage of fault.

For example, assume a driver is struck and killed in a North Charleston car accident. The jury determined that the family’s damages were $1,000,000, and that their loved one was 15 percent responsible for the accident. In this case, the family’s total recovery amount would be $850,000 ($1,000,000 less 15 percent). Thus, it is crucial families work with an experienced North Charleston car accident attorney who knows how to refute defendants’ claims that their loved one shared blame for causing the accident.

North Charleston Attorneys Help Families Devastated by Fatal Accidents

Fatal motor vehicle accidents in South Carolina, particularly in North Charleston, can be devastating for families who are left to deal with the sudden loss of a loved one. At the Steinberg Law Firm, we understand the immense grief and hardship that follows such a tragedy. Our compassionate attorneys are experienced in handling these serious cases, offering both legal guidance and emotional support to help families through this difficult time. We work tirelessly to pursue justice and fair compensation, allowing your family to begin the healing process. Let us help you through this challenging journey. Call us today at 843-720-2800 for a free consultation.