South Carolina Car Accident Laws 2024 Updated

Deas Law Firm knows that, as you navigate a car accident claim, it is vital that you understand local South Carolina car accident laws, as they can directly impact the success of your case. The state has several key laws and regulations, such as the fault system, comparative negligence, the statute of limitations, and more. Each is important to unpack and gain clarity on as you pursue legal action.

Key South Carolina Car Accident Laws Explained

There are many laws that impact car accident claims and cases in South Carolina, and each can dictate how the post-accident process will proceed. Below is a list of key laws and regulations to keep in mind as you are deciding how to navigate your claim:

• Fault-Based System: South Carolina follows a fault-based system for car accidents, which means the person who caused the accident is liable for damages. Victims can get compensation by filing a claim with the at-fault driver’s insurance or pursuing a legal claim against the at-fault driver.
• Statute of Limitations: The statute of limitations is the deadline for victims to pursue legal action through a personal injury claim. In South Carolina, this timeframe is three years from the date of the accident. This means legal action should be taken swiftly to avoid a denial for not staying within the deadline.
• Modified Comparative Negligence: South Carolina personal injury claims are governed by the concept of modified comparative negligence. If a driver is found to be partially at fault for the accident, their compensation will be reduced by the percentage they are found to be at fault. Under this rule, if a driver is found to be 51 percent or more at fault for the accident, they are unable to recover damages.
• Reporting Requirements: In this state, car accidents must be reported to local law enforcement if there are injuries, fatalities, and/or damages.

How to Respond After a Car Accident in South Carolina

If you are in a car accident in South Carolina, it is important that you are not just equipped with a basic knowledge of the laws. You also need to know how to respond in a way that protects your physical health and sets you up for a successful legal claim, should you choose to pursue one. Below is a suggestion of how to ideally respond after a car accident:

• Check for Injuries: Immediately check yourself for injury as well as other parties who are involved.
• Move to Safety: If you are in an unsafe area, like the middle of a busy intersection, try to move to a safe area if possible.
• Contact Emergency Services: If there are any injuries or damage, contact emergency services, such as EMTs and local law enforcement, as soon as possible. For most claims to be seen as viable, a police report is required, so make sure the police get to the scene to compile one.
• Document the Scene: Take time to gather evidence, if possible. This can include taking videos or photos of the accident scene.
• Gather Contact Information: Get the contact information of the other driver and any witnesses, as this can be helpful in the future.
• Inform Your Insurance Company: Get in touch with your insurance company as soon as possible, and simply notify them of the accident. It is helpful to not prematurely assign or admit fault for the accident, as an investigation is necessary to determine this.
• Contact a Trusted Car Accident Lawyer: Contact a reputable and experienced car accident lawyer to learn more about your legal options and how to protect your rights. They can take on the case and fight for fair compensation.

FAQs

Q: Is South Carolina an At-Fault State for Car Accidents?

A: Yes, South Carolina is an at-fault state for car accidents. This means the driver who is responsible for the accident generally must cover any damages or harm that the other parties suffered. A detailed investigation is often necessary to determine fault. Examining police reports, interviewing witnesses of the accident, and gathering other information can also be ways to find fault.

Q: How Long After an Accident Can You File a Claim in South Carolina?

A: In South Carolina, you can file an accident claim up to three years after the accident. This timeframe is called the statute of limitations. This law is in place to make sure any legal action happens in a reasonable timeframe so that evidence is current and does not deteriorate over time. For example, if there were witnesses, after too many years, their memory of the accident may have faded. This can make proving liability challenging.

Q: How Much Can I Get in a Settlement From a Car Accident in South Carolina?

A: In South Carolina, how much you can get in a settlement from a car accident is directly dependent on the full extent of your losses and damages. Settlements aim to cover an injured and damaged party’s losses by evaluating all the economic and non-economic losses they suffered. Economic losses cover monetary items, like medical bills, lost wages, and the cost of ongoing physical therapy. Non-economic losses cover more intangible items, like pain and suffering.

Q: How Expensive Is a Car Accident Lawyer?

A: The cost of a car accident lawyer in South Carolina is highly dependent on the details that impact each case. A lawyer may charge fees based on:

• Their experience level
• The complexity of the case
• The time needed to complete the case
• The jurisdiction
• The specific fee structure they use

Fee structures often vary between a contingency fee, a one-time fee, a retainer fee, and an hourly fee payment, which can all impact overall costs and financial expectations.

Get in Touch With a Car Accident Lawyer as Soon as You Can

Preparation is key in securing a favorable and successful outcome to a South Carolina car accident claim. A local car accident lawyer’s support is a key ingredient in this preparation, as they can explain the laws that impact your case. Your attorney can also represent you, take legal action to support your case, protect your rights, and fight for your ideal result.

Reach out to Deas Law Firm today to set up an initial consultation and learn how our legal team can handle your case.