Charleston, South Carolina Car Accident Lawyers

There are over 140,000 traffic collisions per year in South Carolina. There were 141,874 collisions in South Carolina in 2017 and 141,599 in 2016, according to the South Carolina Traffic Collision Fact Book 2017.

The 141,874 collisions in 2017 accounted for 989 fatalities and 60,566 non-fatal injuries. The 141,599 collisions in 2016 accounted for 1,020 fatalities and 61,899 non-fatal injuries.

In 2017, a traffic collision occurred every 3.7 minutes in South Carolina.

The presence of negligence determines fault in a South Carolina accident. This means that someone would be at-fault if they were driving carelessly or recklessly.

Four things must be shown to prove negligence: duty breach, causation and damages. Duty means a driver has a duty to behave according to a certain standard of care. A breach of that duty means the other driver violated that standard of care.

To prove causation, there needs to be a breach of duty that caused the accident. The last requirement for determining negligence is the damage that is caused by the breach of duty.

If the negligence of another driver caused your injuries, you might be entitled to seek damages for:

• Property damage
• Rehabilitation
• Long-term care
• Pain and suffering
• Medical expenses
• Disfigurement
• Lost future, present and past wages

If the negligence of another driver caused the death of a loved one, you might be entitled to seek damages for:

• Medical expenses, including surgical fees
• Lost wages
• Lost benefits
• Funeral/burial costs
• Emotional distress
• Loss of marital relationship
• Loss of companionship
• Pain/suffering of the deceased before death

While other states follow the no-fault system, South Carolina uses a fault-based system for dealing with car accidents. In the fault-based system, the at-fault person, and their insurance company is responsible for losses or damages arising in the aftermath of a collision.

In a no-fault system, each party involved in an accident exhausts their personal insurance first, no matter who was deemed to be at-fault for the accident.

In South Carolina, the person at-fault is the only person responsible, and the victim/plaintiff’s insurance company does not necessarily have to be involved in the case.

However, an injured plaintiff who is not at-fault for an automobile accident can ask their insurance company for recovery. The ‘plaintiff’s insurance company then asks for reimbursement from the at-fault ‘individual’s insurance company. People who sustain damages and/or personal injuries caused by another individual can also pursue claims against the person deemed to be at fault or the at-fault ‘person’s insurance company.