South Carolina Car Accident Laws 2024 – All You Need to Know

Car accidents are often stressful and confusing, but staying informed about these laws can help you protect your rights and ensure you receive the compensation you deserve. Being familiar with South Carolina car accident laws is essential for understanding the legal landscape for car accidents in the state.

South Carolina’s At-Fault System

South Carolina follows an at-fault system for accidents, which means the party responsible for causing the accident is liable for damages. If you are injured in an accident caused by another driver, you have the option to file a claim with their insurance company, pursue a settlement, or take legal action to recover compensation for medical expenses, lost wages, and pain and suffering.

This system emphasizes the importance of proving fault, which often requires evidence such as police reports, witness statements, and accident scene photographs.

The Comparative Negligence Rule

South Carolina uses a modified comparative negligence rule to determine how fault impacts compensation. If you are found partially at fault for the accident, your compensation will be reduced by the percentage of your liability.

For instance, if you are awarded $50,000 but are deemed 30% at fault, your final recovery will be reduced to $35,000. If it is determined that you are more than 50% at fault, no compensation will be awarded to you. This rule highlights the importance of working with an experienced attorney who can help build a strong case to minimize your liability.

Mandatory Insurance Requirements in South Carolina

State law requires all drivers to carry a minimum amount of liability insurance. This includes bodily injury insurance in the amount of $25,000 per person and $50,000 per accident, and property damage insurance in the amount of $25,000.

Coverage for uninsured motorists is mandatory at the same limits to protect drivers against uninsured parties. Driving without insurance can result in fines, license suspension, and added financial risks in the event of an accident. It is crucial to ensure your insurance policy meets these requirements to remain in compliance with state laws.

Steps To Take After a Car Accident in South Carolina

Knowing what to do immediately after an accident can help protect your rights and strengthen your case. First, check for injuries and call 911. South Carolina law requires that police be notified of any accident involving injury, death, or property damage exceeding $1,000. Obtaining a police report is critical, as it provides an official record of the accident.

Next, exchange information with the other driver, including names, contact details, and insurance information. Gathering evidence is also essential. Photograph the accident scene, any damage to vehicles, and all visible injuries. If there are witnesses, obtain their contact information and statements.

It is also important to get medical attention even if your injuries do not appear to be severe. Some injuries may not immediately manifest, like whiplash or internal trauma. Prompt medical evaluation creates a record of your injuries, which can be vital in proving your claim.

Finally, consult an attorney to discuss your legal options. They can guide you through the claims process, negotiate with insurance companies, and ensure all deadlines are met.

Proving Negligence in a Car Accident Case

To recover compensation in a car accident case, you must prove that the other driver was negligent. Negligence is established by proving that the other driver owed you a duty of care, breached that duty, and directly caused your injuries, which resulted in damages.

Evidence such as traffic camera footage, skid marks, and testimony can strengthen your claim. An experienced attorney can help gather and present this evidence effectively to build a compelling case.

Common Damages Recoverable in Car Accident Cases

Car accident victims in South Carolina may recover various types of damages depending on the severity of the injuries and losses. Economic damages cover tangible costs like medical bills, property damage, and lost wages.

Non-economic damages compensate for pain and suffering, emotional distress, and diminished quality of life. In cases of egregious negligence, punitive damages may also be awarded as a form of punishment to the at-fault party to discourage similar behavior in the future.

FAQs

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

Yes, South Carolina is an at-fault state for car accidents. This means that the driver responsible for causing the accident that resulted in damages can be held liable. Injured parties may file a claim to recover damages with the responsible driver’s insurance company or their own or file a legal claim against the driver. Establishing fault is crucial in pursuing compensation.

How Long After a Car Accident Can You File a Claim in South Carolina?

In South Carolina, you generally have three years from the date of a car accident to file a personal injury or property damage claim. Failing to file within this period may prevent you from recovering compensation. If the accident involves a government entity, such as a city vehicle, the timeline may be shorter, and additional requirements may apply. Promptly consulting an attorney ensures you comply with all legal deadlines and preserve your rights.

What Should You Do in the Event of an Accident in South Carolina?

After an accident in South Carolina, ensure your safety and the safety of others by moving vehicles out of traffic if possible and checking for injuries. Call 911 to report the accident, exchange contact and insurance information with other drivers, and document the scene with photos. Seek medical attention, even for minor injuries, and notify your insurance company. Consulting an attorney may help protect your legal rights.

Do You Need a Police Report to File a Car Accident Claim in South Carolina?

While a police report isn’t always required to file a claim in South Carolina, it can strengthen your case. Police reports often provide critical details about the accident, including fault and damages. For accidents involving injuries, fatalities, or significant property damage, filing a report is highly recommended to ensure accurate documentation and support for your claim.

Schedule Your Car Collision Consultation Today

If you’ve been involved in a car accident and need legal guidance, the Law Office of Charles T. Brooks III is here to help you navigate your case with skill and compassion. With decades of experience and a commitment to personalized service, we can fight for the justice and compensation you deserve. Contact us today to schedule a consultation and take the first step toward resolving your claim.