SC Car Accident Lawyer

With the Blue Ridge Mountains to the west, miles of beaches to the east, and beautiful landscapes in between, South Carolina is an attractive state to move to, live in, and visit. As the population and tourism increase, so does the traffic and risk of vehicle accidents. If you have been wrongly injured by a negligent driver, then a SC car accident lawyer can help you hold them accountable for their actions.

At Joe Cunningham Law, we provide trustworthy SC car accident lawyer counsel that you can rely on to get the results you are seeking. Our team has handled many car accident cases for clients and is prepared to navigate the complexities and nuances that often come with them. We fight for you and stand up to insurance companies and opposing parties to ensure you get the results you seek. 

Elevated Driving Risks in South Carolina and Its Most Dangerous Roads

There are a number of dangerous roads throughout South Carolina that can pose elevated risks to motorists. In fact, South Carolina ranks within the top five states with the most car accident fatalities per 100,000 people. Furthermore, a statistical report by South Carolina officials illustrates that traffic collisions occur once every 3.7 minutes throughout the state. During the most recently studied year, there were 143,426 collisions, 1,093 fatalities, and 50,172 injuries. 

These numbers highlight the dangers of roads throughout South Carolina. Road conditions, visibility, traffic volume, and a propensity for recklessness each contribute in some way to the dangers throughout the state’s various roadways. Below is a closer look at some of South Carolina’s most dangerous highways, roads, and intersections. 

Dangerous SC Highways

South Carolina is home to many hazardous highways. I-26, I-85, I-95, I-20, and I-77 round out the top five most dangerous interstates in the state. While the dominant risk varies by interstate, speed, road congestion, visibility, and infrastructure contribute to accidents. Additionally, US-17 and US-521 are responsible for causing a number of collisions and fatalities as well. 

Dangerous SC Roads and Intersections

Intersections are a prime place for accidents to occur. Timing, poor judgment, blind spots, and even elevated pedestrian traffic can increase the chances of collisions along these traffic crossings. Many roads can also pose these and other dangers to motorists. In South Carolina, some cities with noteworthy dangerous roads and intersections include Charleston, Greenville, Columbia, and Myrtle Beach.

Factors that Contribute to a Vehicle Accident

While the underlying cause of most car accidents is negligence, this can manifest itself in different ways. It may look like a disregard for safe driving practices or failing to make accommodations for external conditions. Whatever the reason, these factors increase the risk of an accident and even influence its severity. Some common causes of car accidents in South Carolina include: 

• Distractions
• Speeding
• Alcohol and drugs
• Road rage 
• Recklessness
• Fatigue
• Tailgating
• Weather conditions
• Road conditions
• Failure to follow the rules of the road
• Inexperienced or elderly drivers
• Defective Vehicle 

Additionally, the cause of the accident can influence the point of impact and the types of car accidents. For example, tailgating might result in a rear-end accident, trying to beat a red light could contribute to a t-bone accident, attempting to pass someone when it is not safe can cause a head-on collision, and defective parts or slippery roads could cause a loss of control and increase the risk of a rollover accident. Caution should always be used when out on the road. 

Types of Injuries that are Common in South Carolina Car Accidents

Injuries from a car accident can range from whiplash and broken bones to catastrophic injuries and death. The type of accident and direction of impact can heavily influence the injuries that are sustained in a collision. Not all injuries are visible, so it is essential to receive medical attention regardless of the type of accident you have been involved in. Below is a look at some of the most common injuries in a car accident. 

Traumatic Brain Injuries

Car accidents can result in a variety of traumatic brain injuries, from concussions to penetrating injuries and more. The head may collide once or multiple times with the inside of the car or with another object, causing damage to the brain. TBIs can cause a number of cognitive, physical, emotional, and psychological impairments and complications for individuals. Recovery may be prolonged, and some aspects of the injury may never go away.

Spinal Injuries

Individuals who suffer spinal cord injuries in a car accident may suffer from a complete or incomplete injury. This means that the spinal cord is either partially or fully severed and can affect other organs and functions to varying degrees. Pain, pressure, loss of bladder or bowel control, muscle spasms, difficulty breathing, and paralysis. These injuries often require significant therapy to help with recovery.  

Internal Bleeding and Organ Damage

The force of impact in a car collision can cause bruising, bleeding, or damage to internal organs. This may be due to organs shifting as a result of the impact or objects that pierce the skin. These internal injuries can be life-threatening if not caught in time or left untreated. They can occur in many parts of the body, so it is vital to have a medical professional conduct the proper tests after an accident to rule out or treat these injuries. 

Disabilities

Accidents can result in irreversible and permanent harm to motorists. Individuals may suffer disabilities such as paralysis, disfigurement, amputation, and more. These conditions have profound implications for an individual’s life. Because of limited mobility, individuals are likely to have limited mobility and a decreased quality of life as a result. It may also contribute to emotional and psychological distress and conditions. 

Wrongful Death

Car accidents always carry the potential for death, and when an accident arises out of negligence, it can result in a wrongful death. This may occur instantaneously or later as a result of injury complications. Surviving family members can pursue claims on behalf of the decedent to recover the compensation the decedent would have otherwise been able to pursue themself. 

What to Expect from the Claim Process in South Carolina

After an accident, you will need to file an accident claim if you want to pursue compensation. South Carolina is an at-fault state, which means that you can file a claim with the at-fault driver’s insurance company to recover your losses. Insurance adjusters will review the evidence, police report, and medical records you present as they conduct their investigation into the collision. 

After their investigation, they will issue a decision and compensation for qualifying claims. It is important to point out that insurance companies do not generally have your best interests at heart, and will make low offers or try to delay or deny your claim to avoid paying you the full amount. They may even cite policy technicalities to keep you from recovery. 

When insurance companies give you the run-around, pursuing a personal injury claim can be a more effective solution. This route can also be used in instances where the limits on the at-fault driver’s policy are insufficient to cover your losses. A personal injury claim allows you to file a claim directly against the other driver. It is best to have car accident attorneys in South Carolina help you navigate either type of claim to ensure you receive the maximum settlement you deserve. 

The Role of Negligence in a South Carolina Car Accident Claim

To recover compensation after a car accident, fault has to be shown first. This establishes and confirms that negligence was the reason for the accident. This is a key facet of any claim, and experienced South Carolina car accident lawyers can help you gather the evidence needed to fulfill this requirement. As such, the following four elements must be shown to demonstrate that negligence occurred:  

• Duty of care: Drivers have a responsibility to drive safely, follow the rules of the road, and avoid causing harm to other motorists. 
• Breach of duty: When drivers disregard any one of these principles, they violate their obligations to the motorists around them. 
• Causation: Drivers who cause accidents because of their actions become the direct link between the event and motorist injuries.
• Damages: Liable drivers are required to provide compensation for the motorists they are responsible for injuring. 

The more evidence you have in your case, the easier it will be to fulfill the standard of negligence. Photos, videos, police reports, medical bills and records, vehicle repair/replacement estimates, witness statements, and/or expert testimonies are essential for backing up your claim. Your lawyer will review all the documentation you have collected and help you gather more as needed to ensure that you have a strong case.

How the Actions of Multiple Parties Affect Fault Determinations

South Carolina’s modified comparative negligence approach is used when multiple parties are at fault for an accident. This could mean two or more external parties are responsible, or you contributed to the accident in some small way yourself. If the latter situation is applicable, speak to a lawyer to get help minimizing your liability in the accident. 

In these situations, each party’s fault is evaluated, and actions are taken according to their level of contribution. Any party who is less than 50% at fault will recover damages reduced by their assigned percentage of fault. Parties who are more than 50% at fault are barred from compensation completely.

Compensation Provides the Resources You Need After an Accident in South Carolina

Given the propensity for accidents across South Carolina, it is important not to be without the resources you need in the aftermath of an accident. Injuries can significantly disrupt your life and your finances, and damages are designed to help you recover your previous quality of life. You can recover several types of losses that are applicable to your case when filing a claim. These may include:

• Medical care that may include diagnostics, treatments, rehabilitation, equipment, and accommodations
• Vehicle damage repair and replacement costs
• The value of lost income when injuries get in the way of work
• Funeral and burial expenses when an accident results in death
• PTSD, anxiety, and depression were caused as a result of the accident
• Pain and suffering
• Emotional distress
• Decreased ability to enjoy activities 
• Reduction in quality of life
• Loss of companionship

The sum of your settlement and the amount of time it takes to secure it will depend on various factors in your case. The complexity of your case, the severity of injuries, and the duration of negotiations can each impact the outcome of your claim. Your South Carolina car accident lawyer will work diligently to recover compensation for you as swiftly as possible, while also ensuring you receive the maximum amount you are eligible to receive. 

South Carolina’s Statute of Limitations

Damages for your losses must be recovered within a certain period of time. According to South Carolina §15-3-530, individuals are allowed three years to file a claim from the time of a vehicle accident. After the statute of limitations expires, you no longer have the right to seek damages for the losses you sustained. As such, it is important to avoid delays in pursuing compensation after a car accident. 

How to Pay for Legal Services

If you have been in an accident, you are likely very concerned about your expenses, and legal representation may seem beyond the realm of possibility. However, many personal injury attorneys do not get paid unless they win your case. With a contingency fee model, attorney fees are only collected from secured settlements or verdicts. This means you are not responsible for paying an attorney directly for their services. 

Joe Cunningham Law Provides Client-Centered Representation

Joe Cunningham Law understands the stress you are under after a vehicle accident, and our empathetic lawyers fight to ensure you have our SC car accident lawyer who focuses on your needs. We fight to secure the compensation that will help you get the medical care you need and take back your life. To learn more about how our team will approach your case, contact us today to schedule a free consultation.