South Carolina Auto Accident FAQ – A Driver’s Companion for 2021-2022

The law for car accidents in South Carolina is based on negligence. A party who causes an accident by failing to act with reasonable care for the circumstances is legally liable to victims for the damages that they cause. In addition to negligence, reckless driving and intentional harm may also be the basis for legal liability and financial compensation. When a person is a victim of a car accident caused by someone else, they may claim monetary compensation for their physical injuries, property damages, and pain and suffering associated with the accident.

No, South Carolina is not a no-fault state for car accidents. South Carolina uses an at-fault system to place legal liability for damages on the person whose actions cause the crash to occur. Proving fault is an important and necessary step to claim compensation for damages stemming from a car accident.

South Carolina law may allow any of the following parties to claim compensation if they are damaged by a car accident:

• Car drivers
• Occupants in the at-fault vehicle
• Occupants in the other vehicle
• Pedestrians
• Bicyclists
• Motorists
• Truck drivers
• Individuals driving on business or for personal reasons
• Owners of property injured in the crash

Drivers aren’t the only people who can claim compensation in a car accident. Drivers have a legal obligation to exercise care and caution on the roads for the benefit of all parties. If you are injured by the actions of a negligent or reckless driver, South Carolina law may allow you to claim financial compensation.

There are two ways to receive financial compensation after a car accident in South Carolina. First, you may claim payment through an insurance policy. Your insurance may cover your losses, or the other party may have an insurance policy that covers your losses. If you do not receive a fair resolution through an insurance claim, you may file a lawsuit in order to claim financial compensation under South Carolina car accident negligence laws.

Elements are facts that the victim must prove to receive compensation for their damages. The elements of a car accident lawsuit in South Carolina are:

• Breach of the Duty of Care – All drivers must exercise care and caution on the roads. Even motorcyclists and bicyclists have a duty of care for others. The duty of care is based on what a reasonable, ordinary person would do in that situation. All parties must act according to minimal standards of reasonable behavior that depend on the specific situation at hand.
• Causation of Damages – The victim may claim compensation for the damages that they sustain in the accident. They bear the burden to show that their injuries are the result of the accident. To prove their case, they may need expert witnesses to explain how blunt force sustained in the accident caused various injuries.
• Value of Damages – Financial compensation is based on the losses and damages that the victim sustains. They must value their current and future damages in a range of categories. Pain and suffering is another category of damages that must be proven. The victim must prove each element of their case to receive compensation for a car accident.

A person has three years to file a car accident lawsuit in South Carolina. The South Carolina Code of Laws 15-3-530 creates a statute of limitations that applies in all kinds of cases. The victim must initiate the case within three years, whether the claim involves injury, death, or property damage. When a death occurs, the time limit is calculated based on the date of the victim’s death. In all cases, it’s important to begin working on the car accident lawsuit quickly to preserve evidence and build a strong legal claim.

While there is no exact law creating a statute of limitations for car insurance claims in South Carolina, your car insurance policy likely requires you to make the report promptly or within a reasonable period of time. In all cases, you should notify the insurance company of the accident as soon as possible. If you wait, you’re giving the insurance company grounds to question the relationship between the accident and damages. In addition, valuable evidence can be lost, making your legal claim complex.

Compensation that may be available for a South Carolina car accident includes:

• Ambulance and emergency transportation
• Emergency medical care
• Surgery and diagnostic costs
• Bandages, casts, walking boots, and mobility devices
• Medication and prescriptions
• Physical and occupational therapy
• Mental health treatment for flashbacks, PTSD, anxiety, and depression
• Property damage
• Lost work and impact on career ambitions
• Physical pain and suffering associated with injuries
• Emotional hardship
• Changes in lifestyle, including life expectancy
• Compensation for disfigurement
• Burial expenses, if applicable

Compensation for a car accident case in South Carolina is intended to be a comprehensive treatment of all the various losses sustained by the victim. Of course, a monetary payment cannot replace the damage that has been done. However, it is a way to measure the loss incurred by the victim and provide a measure of relief.

Pain and suffering compensation is calculated for a South Carolina car accident by adding the total of economic damages and applying a multiplier. The amount of the multiplier represents the severity of the accident. For minor damages that are temporary, the multiplier may be one or equal to economic damages. When injuries and damages are severe and last for a lifetime, the multiplier may be as high as five times the amount of financial losses. Determining and proving the severity of non-economic pain and suffering losses is an important step in calculating South Carolina car accident compensation.

Under South Carolina law 56-5-1260, you must report a car accident in South Carolina if anyone is hurt or killed in the crash. You must use the quickest means of communication, whether it is an oral or written report. The report may be made to local police, a county sheriff, or highway patrol, depending on where you are located. In addition, if there is apparent damage of $1,000 or more, and the police do not investigate, you must create and file your police report.

Under South Carolina law 56-5-1210, a vehicle driver involved in an accident resulting in injury or death must remain at the scene, report the accident, and exchange information with others involved. They may leave briefly to report the accident. As they report the accident and wait for responders, they may not obstruct traffic more than necessary. Leaving the scene without complying with the law is a one-year misdemeanor, a 10-year felony, or a 25-year felony, depending on the injury level resulting from the accident.

Here are the steps to take after a car accident in South Carolina:

1. Secure emergency medical attention for any party who may have an injury
2. Report the accident to law enforcement
3. Remain at the scene of the accident; remove the vehicle from traffic if it’s necessary and possible to do so
4. Exchange information with other drivers, including driver’s license details, name, address, and vehicle registration
5. Identify other occupants of vehicles and third-party witnesses and get their contact information.
6. Take photos of injuries, damages to vehicles, and the scene of the road
7. As soon as you’re able, take notes of what happened. Write down anything you may think is important
8. Report the accident to your insurance company as soon as possible
9. Continue to receive medical care and document injuries and financial losses
10. Work with a car accident attorney to determine legal fault and pursue compensation

Police reports are not admissible to prove negligence under South Carolina law 56-5-1290. Generally, they are considered hearsay. Instead, a party must call the investigating law officer to the stand so that the other party has the chance to cross-examine them. However, a police report may be valuable to identify witnesses and solidify their statements in advance of trial.

To get more money from a car accident settlement, you must conduct a complete accident investigation. You must prove that the other party is legally at fault by identifying what factors and actions caused the crash to occur. Be sure to evaluate each category of losses to include everything that you may qualify to claim. Don’t overlook non-economic damages like pain and suffering. Finally, gather evidence showing that damages are the result of the accident. Careful and targeted negotiations using the evidence you have built can ultimately help you get more money from a car accident settlement.

A car accident case is a civil case. It is brought by the victim to claim financial compensation. The victim accuses the defendant of civil legal wrong. It’s not the same thing as committing a crime, but it is a civil violation of the law. A defendant may also be charged criminally if their actions amount to drunk driving, reckless driving, or another crime. However, bringing a civil car accident case doesn’t depend on whether there are criminal charges or the outcome of a criminal case. The victim who brings the case presents the proof and makes arguments to the jury.

Most car accident cases do not go to trial. The parties may agree to resolve the case by entering into a settlement. The settlement is legally binding, just like if it were a jury verdict. It’s important not to assume that a victim is automatically going to receive a fair settlement. Rather, avoiding trial is usually the result of diligent and thorough work to prove the case and value damages. If the other side makes a settlement offer, the victim may decide whether to accept it or go to trial.

Typical car accident settlement amounts range from a few thousand dollars to $75,000. You may hear about car accident cases settling for millions of dollars. That may be true when the accident results in severe injuries requiring extensive medical intervention over a long period of time. However, you may have significant damages from an accident that results in minor or moderate damages. The important thing is to ensure that each victim receives the financial compensation that they deserve as a settlement for their car accident.

A car accident attorney can help you with all the steps related to claiming fair compensation following a car accident. When you’re hurt in a car accident, you need to report the claim to the insurance company, evaluate the claim’s value, and ensure that you receive a fair settlement. If necessary, you need to bring a legal claim and aggressively fight for your rights in court. A car accident attorney is skilled and experienced in handling all these steps, including bringing your claim to trial. They can manage your case efficiently in order to maximize compensation, gather legal proof, and negotiate on your behalf until you have justice for your car accident claim.