Car accidents are common in Charleston, SC. According to the statistics, in 2022, the state reported a traffic collision every 3.7 minutes. There were 143,426 traffic crashes statewide that year. Charleston County had the highest number of traffic accidents, with 16,104 crashes.
At Ty Robinson Personal Injury & Car Accident Law Firm, our attorney represents car accident victims and their families. Our legal team diligently pursues claims to obtain the compensation they need and deserve. We have an extensive track record of handling and winning car accident cases.
Contact our law office today at (843) 278-2222 to schedule a free consultation with our Charleston car accident lawyers.
How Ty Robinson Personal Injury & Car Accident Law Firm Can Help You With a Car Accident Case in South Carolina
Car accidents can cause serious injuries and substantial financial losses in Charleston, South Carolina. Recovering compensation for your damages does not undo what happened to you, but it can help you recover financially after a car crash. At Ty Robinson Personal Injury & Car Accident Law Firm, we understand the challenges our clients face after a car crash.
Our attorney has years of experience handling personal injury matters. When you hire our top-rated Charleston personal injury attorney, you can trust our legal team will:
- Conduct an exhaustive investigation into the cause of your car accident
- Gather evidence proving the legal elements of your case, including working with expert witnesses as necessary
- Assess how much your car accident case is worth by analyzing your damages
- Handle all paperwork for your claim, including handling all matters with the insurance company
- Defend you against accusations of shared fault
- Aggressively negotiate a settlement agreement based on the value of your damages
- Pursue a lawsuit and take your case to trial if that is the best option for protecting your rights
Contact Ty Robinson Personal Injury & Car Accident Law Firm today to schedule a free case evaluation.
What Are the Most Common Causes of Car Accidents in Charleston, SC?
Most car accidents are caused by negligence. Examples of negligent driving behavior that leads to car accidents include:
- Distracted driving
- Speeding and reckless driving
- Driving under the influence (DUI)
- Road rage and aggressive driving
- Failing to follow traffic laws
- Drowsy and fatigued driving
- Hit and Run
A driver can be held liable for damages if their negligence causes a car accident. However, other parties could also be liable for damages from a car accident.
To give a few examples, a manufacturer could be liable if defective automobile parts contribute to car accident injuries; a trucking company could be liable if their truck driver causes a truck accident; and a government entity could be liable if dangerous road conditions or defectively designed roads cause a crash.
Is South Carolina a No-Fault State for Car Accidents?
No, South Carolina is an at-fault state for car accident claims. The state requires drivers to have a minimum liability insurance of $25,000 per person for bodily injury and $50,000 per accident for bodily injury. They must also have at least $25,000 in property damage coverage.
Liability insurance pays accident victims for damages up to the policy limits when an insured driver causes an accident. Because South Carolina is a fault-based state, the accident victim has the burden of proof for a car accident claim. Before you can recover damages, you must prove that the at-fault party:
- Owed you a legal duty of care
- Breached the duty of care
- Caused the accident because they breached their duty of care
You must also prove that you incurred damages and sustained injuries because of the car crash. You may not win your case if you cannot prove each element by a preponderance of the evidence.
What Damages Can I Receive for a Car Accident Claim?
Damages represent the losses and harm caused by the car accident. South Carolina personal injury laws allow accident victims to seek economic and non-economic damages for a car accident. Examples of car accident damages include:
- Pain and suffering
- Past and future medical bills
- Mental anguish and emotional distress
- Out-of-pocket expenses
- Disability and impairments
- Rehabilitative therapies
- Scarring and disfigurement
- Lost wages and benefits
- Diminished earning capacity
- Loss of enjoyment of life and quality of life
The amount you receive for damages depends on various factors. The availability of insurance coverage, the severity of your injuries, and the parties involved in the case are a few of the factors that could impact how much your car accident case is worth.
Can I Recover Money for a Car Accident if I’m Partially to Blame?
South Carolina uses a modified comparative negligence rule for apportioning damages in a car accident case. The law states if a party is 51% or more at fault, they are barred from recovering damages. Therefore, if a jury decides you were 60% to blame for causing your car accident, you cannot recover any money for your losses.
If you are less than 51% to blame, your damages are reduced by the level of blame assigned to you by the jury. For example, suppose a jury finds you are 30% to blame for causing your car accident. Instead of receiving the total of the damages award, the judge reduces the award by 30 percent.
What Is the Deadline for Filing Car Accident Lawsuits in South Carolina?
South Carolina has a three-year statute of limitations for most car accident lawsuits. Judges can dismiss lawsuits filed after the deadline, even if the accident victim has a legal claim.
Exceptions may change the deadline to file a car accident lawsuit. Therefore, it is crucial to talk with a car accident attorney as soon as possible after an accident.
Schedule Your Free Consultation With a Charleston Car Accident Attorney
Car accident claims can be complicated and overwhelming. Insurance companies do not always treat claimants fairly. When you hire Ty Robinson Personal Injury & Car Accident Law Firm, you have a fierce advocate on your side who stands up for your rights. Call us today for a free case review with a Charleston car accident lawyer.
