Charleston Car Accident Lawyer

The aftermath of a car accident is overwhelming and confusing. You may not know what to do next, or how you will pay for your medical bills if you cannot return to work. If someone else caused your crash, you do have the right to claim compensation but obtaining the fair settlement you deserve is rarely easy. Our Charleston car accident lawyer can guide you through the process and protect your best interests at all times.

Charleston Car Accident Laws

In Charleston, as throughout the rest of South Carolina, you can sue any negligent party that caused your accident. Negligence is the legal term for carelessness. Even if another motorist or entity did not intend to cause an accident resulting in injuries, any error on the road can make another party liable.

The law in Charleston also recognizes that sometimes, accident victims can also be partly to blame for a crash. In these instances, injured individuals can still file a claim as long as they are less than 50 percent to blame for the accident, according to the state’s comparative negligence law.

Defendants in car accident cases often argue that victims were partly to blame, even when that is not the case. They do this to shield themselves from paying full damages. A Charleston car accident attorney can refute these arguments so you obtain the fair settlement you deserve.

Common Causes of Car Accidents in Charleston

Car accidents happen in an instant. It is not always easy to determine what caused your crash in the moments and days afterward. A few of the most common causes of car accidents are as follows:

• Aggressive driving: Road rage can cause people to drive aggressively. Following too closely, weaving in and out of lanes, and cutting off other drivers are all examples of aggressive driving.
• Impaired driving: When any motorist is impaired by alcohol or drugs, their reaction times are slowed, their judgment is negatively impacted, and they have perception issues. All of these are very dangerous when an impaired person is behind the wheel of a vehicle.
• Distracted driving: Texting and driving is not the only distraction drivers face on the roads. Eating, drinking, loud music, rowdy passengers, and even other accidents are all distractions drivers have to contend with.
• Speeding: Speeding is also a very dangerous behavior that does not only cause accidents but also increases the severity of them. When motorists speed, the force of any impact is much greater and causes much more severe injuries.
• Failure to follow traffic signs and signals: Red lights, stop signs, and other traffic signage and signals are installed to keep everyone safe on the roads. When any motorist fails to comply with these, it can result in a crash.
• Inadequate road conditions: Potholes, poor road design, and other inadequate road conditions can all cause an accident.
• Defective vehicle parts: Braking systems, tires, and steering wheel columns are just a few of the defective parts that can result in an accident.

Again, it is not always easy to determine what caused an accident in the following days and weeks. Our Charleston accident lawyer will conduct a thorough investigation to determine what caused your injuries and who is liable.

Common Car Accident Injuries

Despite the many safety features installed in most vehicles today, serious injuries still occur, even when an accident is seemingly minor. The most common injuries sustained in car accidents include:

• Concussions and other traumatic brain injuries (TBIs)
• Spinal cord injuries, including paralysis
• Whiplash
• Internal injuries, including damage to internal organs and internal bleeding
• Back injuries, including slipped discs, paralysis, and strains or tears
• Broken bones
• Facial injuries

Not all injuries are physical, or visible. Car accidents are very traumatic and can result in individuals suffering severe mental anguish, depression, anxiety, and post-traumatic stress disorder. While these injuries are not as obvious as physical injuries, accident victims still deserve compensation for them.

Determining Liability After a Car Accident in Charleston

In legal terms, liability refers to fault after a car accident. Determining who is to blame is not easy.

While most of the time, fault lies with one of the motorists at the scene, that is not always the case.

When another driver has acted negligently, they can be held liable for an accident. However, there are other parties that can be found liable, as well.

When a government entity improperly maintains a road, it can be held liable for an accident caused by improper road conditions. Holding a government entity liable for an accident is not easy, though.

There are shorter timelines and additional procedural rules that must be followed. Working with a Charleston car accident lawyer is critical when holding a government entity liable.

Manufacturers of vehicle parts can also be held liable for an accident if the products they created were faulty or defective.

Defective parts cause some of the most serious crashes on the road and manufacturers should be held liable for it.

What to Do Immediately After a Charleston Car Accident

The first moments after a car accident can determine how successful your claim will be later. Many people feel shocked and confused, but taking the right steps protects your health and legal rights. Quick action can make the difference between a strong case and one that faces unnecessary challenges.

Check for injuries first. Call 911 if anyone needs medical help. Even small injuries can become serious problems if ignored.

Call the police even if the accident seems minor. South Carolina law requires reporting accidents that cause injury or property damage over $1,000. The police report becomes important evidence for your insurance claim. Officers will document the scene and interview witnesses while details are still fresh.

Take pictures of everything at the scene. Documentation is crucial for building a strong case. Photograph these key elements:

• Vehicle damage: Take photos from multiple angles showing impact points, scratches, dents, and broken parts on all vehicles involved
• Accident scene: Capture street signs, traffic lights, road conditions, skid marks, debris, and weather conditions that existed at the time
• Injuries: Document visible cuts, bruises, or other injuries, but prioritize getting immediate medical attention for serious wounds
• License plates and insurance cards: Photograph insurance information and license plates from all vehicles to ensure accurate records

Collect information from everyone involved. Write down names, phone numbers, insurance company details, and driver’s license numbers. Talk to any witnesses and get their contact information too. Their statements can help prove what really happened when insurance companies investigate.

Avoid saying you’re sorry or admitting fault. Insurance companies can use these statements against you later. Stick to the basic facts when talking to police or other drivers. Even innocent comments like “I didn’t see you” can be twisted to suggest negligence.

How Charleston’s Roads Create Accident Risks

South Carolina ranks in the one of the most dangerous places to drive. Charleston specifically has a unique geography and history which creates driving challenges you won’t find in other cities. The combination of old streets, heavy tourism, and coastal weather leads to specific types of accidents throughout the area. Local drivers and visitors alike face hazards that require extra caution.

The historic roads of Charleston were built long before there were cars. Many roads are narrow with tight corners which limit a drivers’ visibility. It is common for the Cobblestone roads to be wet from rain or from being. These wet conditions create different problems depending on how familiar you are with them. Tourists unfamiliar with these conditions often drive slowly or make sudden stops. Local drivers who know the area may drive too fast for the conditions.

The Arthur Ravenel Jr. Bridge and other spans concentrate traffic into small spaces. Wind conditions can affect larger vehicles like trucks and motorcycles. Bridge accidents often involve multiple vehicles because traffic has nowhere to go when crashes occur.

Examples risks Charleston drivers face on a daily basis:

• Construction zones: Ongoing development throughout the city creates frequent lane closures and traffic pattern changes that confuse even experienced drivers
• Flooding conditions: Heavy rains and high tides can make roads impassable, forcing traffic onto unfamiliar alternate routes where accidents are more likely
• Tourist traffic: Seasonal increases bring drivers unfamiliar with local roads who may brake suddenly, change lanes unexpectedly, or stop to check directions
• Port truck traffic: Commercial vehicles traveling to and from Charleston’s busy port create significant size and weight differences that lead to more severe accidents

The narrow streets in historic areas pose particular challenges. King Street, Meeting Street, and other main streets have increased heavy pedestrian traffic and are crowded with vehicles. Parked cars along the road make the streets even narrower. Delivery trucks are also often double-parked, forcing traffic into opposing lanes.

The constant change in weather creates additional driving hazards. Drivers are constantly driving through pop-up thunderstorms. Visibility in these can be nearly zero, which raises the risk of an accident significantly. The hurricane season also brings challenges of creating frantic and hectic drivers. Driving during these times is especially risky.

Types of Compensation Available in Charleston Car Accident Cases

Car accident victims in Charleston can recover different types of damages depending on their specific situation. Each case is unique, and the compensation available depends on the severity of injuries, the impact on your life, and who was at fault for the accident. South Carolina law allows recovery for both economic and non-economic damages.

Medical expenses represent the most common and often largest component of car accident settlements. This includes emergency room visits, ambulance services, hospital stays, surgery costs, prescription medications, and physical therapy sessions. Future medical costs are also covered when injuries require ongoing treatment or follow-up care.

Property damage covers repairs to your vehicle or replacement costs if it was totaled in the accident. This also includes personal items damaged in the crash, such as electronics, clothing, eyeglasses, or other belongings that were in your car at the time.

Additional damages available in Charleston car accident cases include:

• Pain and suffering: Compensation for physical discomfort, emotional distress, and reduced quality of life caused by your injuries
• Home modifications: Costs for wheelchair ramps, bathroom accessibility changes, stair lifts, or other improvements needed due to mobility limitations
• Transportation expenses: Rideshare, taxi, or public transit costs while you cannot drive due to injuries or vehicle damage
• Mental health treatment: Counseling and therapy costs for anxiety, depression, PTSD, or other psychological effects from the traumatic accident

Loss of consortium damages may be available for spouses when injuries affect marital relationships. This recognizes that serious injuries impact entire families, not just the injured person.

Household services compensation covers tasks you can no longer perform due to injuries. Cleaning services, lawn care, childcare, or grocery shopping may all become necessary expenses when injuries limit your abilities.

Punitive damages are rare but possible in cases involving extreme negligence. Drunk driving accidents or other reckless behavior might result in punitive awards designed to punish the wrongdoer and deter similar conduct.

Why Insurance Companies Fight Charleston Car Accident Claims

Insurance companies are businesses that make money by collecting premiums and paying out as little as possible in claims. Their adjusters receive extensive training on how to minimize settlements and protect company profits. This creates natural conflicts with accident victims who need fair compensation for their injuries and losses.

Quick settlement offers often come within days of an accident, sometimes before you even know the full extent of your injuries. These early offers typically fall far short of what claims are actually worth. Insurance adjusters know that people facing mounting medical bills and lost wages feel intense pressure to accept whatever money they can get quickly.

Insurance companies employ several specific tactics to reduce claim payments:

• Recorded statements: Adjusters call quickly after accidents, requesting recorded statements that can be used against you during settlement negotiations
• Surveillance investigations: Private investigators may follow claimants to photograph or video activities that might contradict injury claims or treatment needs
• Partial fault arguments: Companies routinely claim accident victims were partially responsible to reduce settlement amounts under South Carolina’s comparative negligence rules
• Medical record disputes: Insurance doctors review your treatment records, specifically looking for ways to minimize injury severity or question treatment necessity

Recorded statements pose particular dangers for accident victims. Insurance adjusters receive training on asking leading questions that might make you accidentally accept blame or minimize your injuries. They often contact victims within hours of accidents when people are still in shock, pain, and confusion.

Partial fault arguments represent one of the most common insurance company tactics. Even when evidence clearly shows another driver caused the accident through obvious negligence, insurance companies routinely claim victims were somehow partially responsible. This directly reduces the amount they must pay under South Carolina’s comparative negligence law.

Damages Available After a Car Accident

No one can determine the exact settlement amount, or the specific types of damages you may be eligible for after a car accident without first fully reviewing the facts of your case. Our car accident lawyer in Charleston can review all the losses you suffered as a result of the crash and accurately value your claim. The most common types of damages available in car accident cases are as follows:

• Emergency medical services, including ambulance services at the scene of the accident
• Current and future medical expenses
• Lost income
• Household expenses, such as the cost of cleaning services or necessary accommodations to the home, such as wheelchair ramps
• Mental anguish for any depression, anxiety, or mental health issues related to the crash
• Pain and suffering for the physical pain resulting from an accident

Call Our Car Accident Lawyer in Charleston for a Free Consultation

If you have been injured in a crash, our Charleston car accident lawyer at Trey Harrell can help. We can determine who is liable for your injuries, accurately value your claim, and help you obtain the fair settlement you are entitled to. Contact us to schedule a free consultation and to learn more about how we can help. Remember Trey Helps!