Charleston Car Accident Lawyer

What Types of Damages Can I Recover After a Car Accident in South Carolina?

You can pursue compensation for two types of losses in a South Carolina car accident claim. First, you can seek reimbursement for any financial costs, or economic losses, including the following:

• Past and future medical expenses
• Lost wages
• Out-of-pocket costs
• Future diminished earnings
• Property losses

You can also seek compensation for the effects your injuries have had on your quality of life, including the following non-economic losses:

• Pain and suffering
• Disability
• Dismemberment
• Disfigurement

These losses don't have an inherent value. Instead, the average settlement for car accident pain and suffering depends on the severity of your injuries.

How Much Does a Car Accident Lawyer Cost in Charleston, South Carolina?

Most Charleston car accident lawyers work on a "contingency" fee basis for personal injury cases. They take a percentage of any settlement or award they recover for you rather than charging you an hourly rate. After you hire an attorney, they can often help delay collection efforts from your medical providers, easing your financial burden and providing some immediate relief.

Contingency fee agreements allow individuals to access legal services without paying an up-front "retainer" for legal fees. These arrangements motivate attorneys to work diligently on your case and aim for a swift resolution since their payment depends on securing a favorable settlement or outcome for you. A set percentage also prevents them from overcharging.

Carefully read the terms of a lawyer's proposed fee agreement before signing it. Pursuing a case can involve many different costs, such as fees for postage and couriers, filing and court costs, medical record retrieval, expert witnesses, court reporting and more. These can amount to thousands of dollars. Discuss who will be responsible for paying the costs related to your case and whether they will be paid as the case progresses or deducted from the settlement.

How to Hire a Charleston, South Carolina Car Accident Attorney

If you're looking for a lawyer, the biggest problem may be an abundance of choice! While there are many experienced Charleston car accident law firms, finding the right one for your situation can help reduce the stress and uncertainty of pursuing your claim. Here are some tips to make the process easier.

• Your lawyer will be your partner in a stressful and deeply personal undertaking. You'll need to work closely with them and feel comfortable telling them the whole truth, sharing personal medical information and discussing confidential matters. Choose someone you feel comfortable interacting with in this manner.
• Don't feel pressured to choose the first lawyer you interview. Schedule several initial consultations and explain that you want to get several different perspectives on the strength of your case and your options for proceeding.
• Choose a lawyer who communicates well with you in the language and method you prefer (via text, telephone call, video chat, written status reports or other methods). Many law firms offer virtual consultations and communications, reducing the amount of time and disruption to your life. However, if you prefer in-person meetings, choose an attorney that is convenient and available when you need them.

In the end, trust your instincts. You need to be able to trust and confide in your attorney without reservations. The best accident attorney in Charleston is the one who strikes the right balance between comfort, confidence and expertise.

Steps to Take After a Car Accident in Charleston

Your actions after a car accident can affect your insurance claim or lawsuit. You should document your accident by taking photos of the crash scene and gathering eyewitness names and contact information.

Additionally, you should seek medical care appropriate for the severity of your injuries. This will help you recover physically and supply you with medical records that document when and how your injuries occurred.

Another important step is requesting a copy of the police crash report. In South Carolina, these reports include detailed crash codes that describe everything from road conditions to contributing factors like driver distraction or impairment. Understanding these codes can help your attorney build a stronger case and challenge any disputed liability.

Common Injuries From Car Accidents in Charleston

Car accidents are highly energetic and traumatic events. The crash energy generated by a collision can fracture bones and tear soft tissues. The worst car accident injuries affect the nervous system, producing brain damage and paralysis. However, these injuries are relatively rare. More common ones include:

• Neck strain, commonly called whiplash
• Facial fractures and other airbag injuries
• Chest bruises from the seat belt
• Herniated disc
• Concussion

Although many of these injuries will heal within a few months, you may still incur significant costs during your recovery.

Average Car Accident Settlement in Charleston, South Carolina

Many factors influence the value of a car accident settlement. These include the severity and permanence of your injuries, the circumstances of the accident and the determination of fault. The strength of the evidence and how the case will play to a jury can also factor into the value of a settlement.

For example, imagine a drunk driver runs a red light, hits another car and flees the scene of the accident. Although the accident was minor and the victim has no physical injuries, she now suffers from PTSD and is unable to work at her previous job. These factors increase the value of her claim, and a jury will likely disapprove of the other driver's dangerous actions, which may support a punitive damages award.

Unlike jury verdicts, many settlements are confidential, making it impossible to calculate the average settlement value for a car accident accurately. Settlement amounts vary widely based on individual circumstances and injury severity.

An experienced Charleston auto accident attorney can draw on their years of relevant knowledge from handling and settling numerous cases to assess the value of your case and its settlement potential. They can help you negotiate a settlement that accurately reflects the full scope of your damages, using detailed medical records, expert opinions and accident reports to demonstrate the true extent of your injuries and their impact on your life.

Filing a Car Accident Lawsuit in Charleston, South Carolina

South Carolina is an at-fault state for auto insurance claims. Victims must file claims with the other driver's insurance company. If the company accepts its insured was at fault, it is responsible for paying damages to the victims. However, companies often contest liability or challenge the scope of the victim's claimed damages. In this situation, it may be best to file a lawsuit.

In South Carolina, the statute of limitations for personal injury claims is three years from the date of the injury under Section 15-3-530(5). Most car accident claims fall into this category. However, some types of claims (like those against public agencies) have much shorter time limits, while others (like defective product claims against car manufacturers) have longer statutes of limitations. Even if the time to file a claim has expired, you should consult with an experienced Charleston car accident lawyer.

If you don't file a lawsuit within the time allowed by law, you will lose your right to recover compensation. It's best to consult with an attorney as soon as possible after an accident to ensure evidence is preserved and build the most robust case. Most Charleston car accident attorneys offer injury victims free, no-obligation initial consultations.

Understanding Comparative Negligence in South Carolina

South Carolina uses a legal doctrine called modified comparative negligence. It allows you to recover compensation after an accident you partially caused. However, your compensation is reduced in proportion to your share of the fault, and you can only seek any at all if your percentage of the blame is 50% or less.

This doctrine is meant to ensure fairness. For example, suppose that you accelerated to get through a yellow light. The other driver incorrectly assumed you would stop and turned left across your path. If you are found 25% at fault for accelerating instead of slowing down at the yellow light, you can still recover 75% of your losses.

How Does a Car Accident Lawsuit Work in Charleston?

All drivers have a responsibility to try to prevent causing harm to others on the roadways. You can file a Charleston car accident lawsuit if someone else is legally responsible for a car accident that causes you to suffer damages. This may include an at-fault driver, the employer of someone at fault for an accident or a third party who shares legal liability (such as the manufacturer of a defective vehicle part or a company that failed to maintain a roadway safely).

Many types of damages are recoverable in a car accident lawsuit. These include economic damages (such as medical bills, vehicle damage and lost wages) and non-economic damages (such as pain and suffering). A Charleston car accident lawyer can help you calculate the full value of your claim and how to pursue compensation for your damages.

While you can file a lawsuit without a lawyer, pursuing a case on your own is not recommended. There are many procedural requirements that litigants must comply with. Failing to do things correctly can result in your case being dismissed, ending your opportunity to recover compensation. Hiring an attorney with experience in the Charleston County court system is highly recommended to prevent this situation.

Common Causes of Car Accidents in Charleston

The most common cause of car accidents in the U.S. is driver error, according to the National Highway Traffic Safety Administration. In South Carolina, the Department of Public Safety data shows that between 2014 and 2018, the predominant causes of car accident deaths were speeding (accounting for 40% of total traffic fatalities), alcohol-impaired driving (33%), and failure to wear seatbelts (32%). The behaviors that commonly result in car accidents in Charleston include the following:

• Speeding
• Failing to yield
• Driving while distracted
• Following too closely

Although it is not among the most frequently occurring reasons for crashes overall, impaired driving is one of the most common causes of fatal car accidents in Charleston.

How Common Are Car Accidents in Charleston?

According to the FARS Encyclopedia, South Carolina recorded 1,047 traffic fatalities in 2023 with a fatality rate of 1.72 per 100 million vehicle miles traveled. Charleston County had the highest number of total traffic accidents in the state according to the South Carolina Traffic Collision Fact Book, with 3,854 injury collisions and 57 fatal collisions in 2022.

The South Carolina Department of Public Safety reports that statewide, there is one traffic accident every 3.7 minutes, one injury-causing accident every 15.4 minutes, and one fatal accident every 8.6 hours.

Charleston's Most Dangerous Roads and Intersections

Charleston's road infrastructure faces unique challenges that contribute to accidents. According to the South Carolina Traffic Collision Fact Book, the intersection of Ashley Phosphate Road and Interstate 26 has been identified as one of the most dangerous intersections in the tri-county area.

Other high-risk areas identified by state data include:

Dangerous Intersections:

• I-26 at S-75: High traffic volume intersection
• I-26 at US-78: Major convergence point
• I-26 Exit 203 at College Park Road: Complex interchange
• King and Calhoun Streets in downtown Charleston

High-Risk Roadways:

• US-17: Major coastal route with heavy traffic
• I-26: Primary interstate corridor
• US-52: Important transportation route
• Ashley Phosphate Road: Heavy commercial traffic hub
• Rivers Avenue: High traffic flow and commercial activity

Types of Car Accident Cases in Charleston, South Carolina

Charleston's coastal location and growing economy create diverse traffic challenges. Common types of Charleston car accidents include:

• Company Cars: Many businesses provide employees with vehicles. If the driver is "on the clock" when involved in an accident, their employer may also be liable. A Charleston company car accident lawyer will look carefully at the circumstances and pursue all potential claims to recover the compensation you deserve.
• Rideshare Accidents: If an accident occurs while you are riding in an Uber or Lyft or if you are in a collision with a rideshare vehicle, a rideshare accident lawyer can help you find out who is responsible and hold them accountable.
• Truck Accidents: If you're involved in an accident with a semi-trailer, commercial truck or other delivery vehicle, accident lawyers with experience pursuing trucking claims can help you sort out liability and pursue your claims. These complicated cases can involve multiple insurance companies and defendants based all over the U.S.
• Driving Under the Influence: Driving under the influence is illegal, but victims injured by an impaired driver aren't automatically compensated when a drunk driver goes to jail. A Charleston auto accident attorney can help you pursue compensation if you were injured by a drunk or impaired driver.
• Tourist-Related Accidents: Charleston's tourism industry brings millions of visitors annually, many unfamiliar with local roads. Accidents involving rental cars and out-of-state drivers require specialized handling to ensure proper jurisdiction and insurance coverage.
• Hurricane and Weather-Related Accidents: Charleston's coastal location makes it susceptible to severe weather. Flooding, high winds, and storm debris can create hazardous driving conditions that contribute to accidents.

If you've been in any type of vehicle accident in the Charleston area, contact a Charleston car accident attorney. They will help you understand your options and pursue a claim for your damages.