Category: Car Accidents

Navigating South Carolina’s sun-dappled highways might paint a picture of peaceful motoring, but the reality isn’t always as serene. Distracted driving, a problem that haunts our roadways, is more pervasive and dangerous than many perceive. 

What exactly is this phenomenon? 

Simply put, distracted driving refers to any activity that diverts a driver’s attention from the road. 

In this piece, our South Carolina car accident  attorneys examine the causes and effects of distracted driving and provide guidance to those injured in a distracted driving accident.

Distracted Driving: A Multitude of Forms

It might surprise you to learn about the myriad activities that fall under the umbrella of distracted driving. Here are a few examples:

• Texting or making phone calls
• Adjusting car settings like radio or climate controls
• Eating or drinking
• Engaging with passengers
• Grooming activities, like applying makeup or fixing hair
• Unsecured pets moving around in the vehicle
• Daydreaming or being lost in thought

Each of these activities distracts drivers in different ways, stealing focus, and sometimes hands or eyes, from the road. This significantly increases the risk of an accident, often with devastating consequences.

The Staggering Reality

Distracted driving isn’t a mild problem; it’s a life-threatening habit. 

To understand the gravity of the situation, consider this: In 2021, the National Highway Traffic Safety Administration reported 3,522 fatalities due to distracted driving. That’s an alarming rate of over nine lives lost daily. 

It prompts us to question, is any distraction worth such grave consequences?

Mitigating Distraction: A Practical Approach

Counteracting distracted driving isn’t an insurmountable task; it begins with adopting a few practical and proactive measures that prioritize safety over convenience. The key to this approach is anticipation and preparation.

Before setting off on any journey, drivers can take some simple steps to prepare. First, adjust the GPS to your destination. This eliminates the need to manipulate your navigation system while on the move. Similarly, if you anticipate needing to make phone calls or send messages, do so before you start your engine. Remember, even hands-free calls can lead to cognitive distraction.

Loose items in the vehicle can roll around while driving, posing a potential distraction. To prevent this, secure all items – whether it’s your bag, coffee cup, or even your pet. Creating a stable and clutter-free environment within the car can help you maintain your focus on the road.

If you’re planning a longer journey, schedule regular breaks. This not only gives you a chance to rest and refresh, but also provides an opportunity to safely check your phone, have a meal, or attend to personal grooming.

However, despite all your preparation, if an urgent situation does arise while you’re on the road, always find a safe place to pull over before attending to it. Reacting to an incoming call or text, or even dealing with an unruly child in the back seat, can wait until your vehicle is safely parked.

Finally, educating young and novice drivers about the risks of distracted driving can be a powerful preventive measure. By fostering a culture of responsible driving, we can equip the next generation of drivers with the skills and attitudes needed to stay safe on the road.

Navigating Post-Accident Challenges

Victims of distracted driving face considerable challenges in the accident’s aftermath. Along with physical and emotional trauma, financial burdens like medical expenses, income loss, and vehicle repair costs can escalate rapidly.

Fortunately, legal provisions exist to aid victims in these distressing times. A knowledgeable personal injury attorney can guide you through the process of seeking justice and securing the compensation you’re entitled to.

Ensuring Justice, Together

If you or a loved one is grappling with the aftermath of a distracted driving incident, it’s crucial to remember that you’re not alone. Our experienced personal injury attorneys are ready to assist you in navigating this difficult period.

Contact us today for a free consultation. Let’s confront the issue of distracted driving together, one case at a time. Together, we can work towards a safer future, free from the unnecessary risks of distracted driving.

With the expanding popularity of self-driving cars and the increasing development of driver assistance technology, some people have concerns about the safety of pedestrians when vehicles do not have a human operator. When a pedestrian gets injured, it can be unclear exactly who might be liable for their losses.

A South Carolina car accident attorney can help you sort out the liability issues and seek compensation for your injuries and losses. This article will discuss some of the challenges that can arise in situations involving self-driving cars and pedestrian injuries. 

Self-Driving Cars and Expanded Driver Assistance Technology

The lines are becoming increasingly blurred between self-driving vehicles and the constantly increasing levels of driver assistance technology in today’s passenger cars and trucks. There are not many fully self-driving cars on the road. Usually, there is a driver in the driver’s seat who can jump in and respond to a crisis.

In some collisions, there are allegations that the driver relied too much on the driver assistance technology and failed to pay attention to the road. After some crashes, witnesses have accused the driver of having been asleep at the time of the wreck. 

Driver assistant technology is improving from one year to the next. Some cars have sensors that alert the driver to the presence of an impending collision in front of, behind, or on either side of the car. Unfortunately, some drivers rely too much on this technology and avail themselves of the excuse to no longer pay attention to their surroundings while on the road.

Pedestrian Safety and Vehicle Technology

Some pedestrians also place too much faith in technology, assuming that cars with self-driving or other driver assistance features will protect the pedestrian from getting hit by the vehicle. Granted, some cars will automatically brake to prevent hitting another car or a walker, but not all vehicles have that capability. Pedestrians should always exercise caution before stepping into the street, even when they are in a crosswalk and crossing the street legally.

How to Prove Who Was at Fault

The legal analysis of liability is the same in every pedestrian accident. First, you establish the party had a duty of care toward the other person. Then, you show how the negligent party breached their duty of care and caused the collision. Finally, you prove the injuries and other losses of the plaintiff.

There is some confusion, when the plaintiff was not at fault, about who can be responsible when a self-driving car strikes a person on foot. Is the driver liable, the manufacturer of the car, or the company that developed the self-driving or driver assist technology? 

The answer to that question will depend on the unique facts of the case. For example, if the driver negligently failed to devote their attention to what was happening on the road, and instead, took a nap or watched a movie on an electronic device instead of watching the road, the driver could get held responsible for the crash. On the other hand, if the car had a mechanical malfunction, the vehicle manufacturer could be liable. 

Cases involving self-driving cars and pedestrian injuries are tricky, at best. You will want to talk to a South Carolina personal injury attorney about your case. Get in touch with our office today for help with your case.

Many people have anxiety when driving or riding as a passenger in a car. They might be surprised to learn how low their odds are of getting killed in a crash. They are much more likely to die of other causes rather than a collision.

If you got hurt or a loved one died because of a motor vehicle accident, a South Carolina personal injury attorney can help you go after the compensation you deserve from the party whose negligence caused the collision. Let’s take a look at the odds of dying in a car accident. 

Statistics for Fatal Car Crashes

The National Safety Council reports that the lifetime odds of dying from a motor vehicle crash are one in 101. In comparison, the lifetime odds of death for a pedestrian incident are one in 541, and for a motorcyclist, the odds are one in 799. Bicyclists have odds of one in 3,396. 

When you compare the deaths odds for motor vehicle crashes to the statistics for pedestrians, motorcyclists, and bicyclists, it might look as if it is safer to be a walker, motorcyclist, or bicyclist in a collision in a person driving or riding in a car, but that would be an incorrect conclusion. The odds are lower for those three groups because there are far fewer pedestrians, motorcyclists, and bicyclists than people riding around in cars and trucks. 

Comparative Lifetime Odds of Death from Various Other Causes

Before you swear off ever leaving your house again in an attempt to avoid dying in a car accident, it might allay your concerns to know the lifetime odds of death for some other causes. For example, the lifetime odds of death, based on 2020 numbers in the United States, are:

• 1 in 6 from heart disease
• 1 in 7 from any type of cancer
• 1 in 12 from COVID-19
• 1 in 21 from accidents and other incidents that were preventable
• 1 in 28 from lung disease and other chronic diseases of the lower respiratory tract
• 1 in 67 from an opioid overdose, including prescription opioid painkillers, heroin, and other forms of opioids
• 1 in 93 from suicide

Seeing these lifetime odds of death can put help to put the likelihood of death from a motor vehicle collision into perspective.

Recoverable Damages After a Car Accident

So, what are your options for getting compensation for your losses after a motor vehicle crash?

Personal Injury

You could seek money damages from the at-fault driver for your economic losses, like medical bills, lost wages, and decreased earning capacity. Also, the party who caused the accident could be liable to pay compensation to you for other losses, like pain and suffering and loss of function. 

Wrongful Death

If your close relative did not survive their injuries from a car crash, you might be able to pursue a wrongful death claim against the party whose carelessness caused the collision. South Carolina law allows the legal beneficiaries to recover compensation for the loss of the deceased person’s income that helped to support the family, loss of services performed for the benefit of the household, loss of companionship and guidance, and other losses.

Also, the estate of the decedent could recover the final medical expenses, as well as funeral and burial costs. 

A South Carolina personal injury attorney could help you hold the careless party accountable in a personal injury or wrongful death claim. Get in touch with our office today for legal help.

South Carolina law prohibits any involved party from leaving the scene of a car accident other than temporarily going to report the accident to the authorities. Unfortunately, not all people obey the law, and hit-and-run accidents occur. This can be a very stressful and overwhelming experience. Our South Carolina car accident attorney is here to help if you have been involved in a hit-and-run accident.

What to Do After a Hit And Run Accident

After a hit-and-run accident, the most important thing is to call 911 and file a police report. You should also seek medical attention promptly. If you can, take note of any information about the other vehicle and accident scene, such as license plate and details about the other car and driver. If anyone witnessed the incident, try to get their contact details.

Although leaving the scene of an accident is a crime with serious implications, many drivers never face the consequences of their actions. If the police are unable to locate the driver, you may need to seek the advice of an attorney to file an uninsured motorist claim.

Uninsured Motorist Coverage

Most people who leave the scene of the accident do so because they lack car insurance, were driving under the influence or had other legal problems they feared would come up if police were called. Even if a hit and run driver is not found, you still have options for recovering compensation for your injuries or property damage.

South Carolina requires uninsured motorist coverage for all drivers. Specifically, every driver must have minimum injury coverage of $25,00 per person or $50,000 for all involved. This covers medical costs, lost wages, and pain and suffering. Every driver must also carry minimum property damage coverage of $25,000.

To recover from this portion of your insurance, you file a suit against the “John or Jane Doe” who abandoned the accident scene.

To access this coverage, you must meet some requirements:

• You must report the accident promptly after it happens.
• Your crash and injuries must have resulted from contact with the other car or something the car did to cause you to crash. 
• You are not careless in identifying the hit-and-run driver.

Seeking coverage under your uninsured motorist policy can be difficult to go alone. Having an experienced personal injury attorney on your side can be invaluable after a hit-and-run accident and lead to a better outcome.

Speak With An Attorney

It is not uncommon for individuals to find the uninsured motorist insurance process challenging to navigate. Most people understandably do not like dealing with legal matters or insurance companies alone.

If you have questions about uninsured motorist coverage in South Carolina or need an attorney for your pending case, we can help. Do not delay seeking help as you have three years to sue on a claim, with some exceptions. Contact our office today for a free consultation.

Every year, thousands of people opt to use self-service trucks like u-hauls to move into new homes, complete projects, and much more. While services such as u-haul may make the process less expensive, most drivers are not experienced in driving commercial vehicles. As a result, accidents can occur. So, what happens if a u-haul driver hits you with insufficient or no insurance? Our South Carolina car accident attorney can help evaluate your case and determine if you may have a claim and how to pursue it.

Accidents With Moving Trucks Can Be More Severe 

Unfortunately, because of the scale and weight of many commercial vehicles, they have the potential to do a lot of damage. Moving trucks also have more blind spots than your average vehicle, and many U-Haul drivers are inexperienced at driving commercial vehicles. As a result, an accident involving a u-haul can cause a lot of damage, and injuries can be significant. 

So, what recourse do you have if a u-haul hits you? U-Haul and similar companies typically require proof of insurance before they allow a person to rent their vehicles. However, this does not guarantee that the driver’s insurance will have sufficient coverage if an accident does occur. A person may also be insured, but their insurance coverage may exclude operating a commercial vehicle. If you are faced with this situation, you may have other options.

File an Uninsured Motorist Coverage Claim

South Carolina law requires that every driver carry uninsured motorist coverage for personal injuries and related damages of $25,000 per person, or $50,000 for all people, per accident. This is the minimum required coverage, and you can also purchase more coverage. An uninsured motorist coverage claim can cover your medical expenses, lost wages, and pain and suffering (up to the coverage limit). 

If you are injured or you suffer property damage from a U-Haul driver with inadequate coverage, you may be able to file an uninsured motorist claim to cover your losses. You may even be able to stack insurance coverage across multiple policies. An experienced attorney can help you evaluate if this is possible.

File an Underinsured Motorist Coverage Claim

A second option that may be available is filing an underinsured motorist coverage claim. This insurance is similar to uninsured motorist coverage. The difference is that it could pay what remains uncovered of your injuries and property damage if the at-fault driver does not have enough insurance to cover these items. Although insurance companies are required to offer drivers this type of insurance coverage, they are not required to buy it in South Carolina.

You should be aware, however, that you can only recover damages through either underinsured or uninsured motorist coverage. This can be confusing, and having a knowledgeable attorney on your side can be invaluable. 

Speak With an Attorney Right Away  

You should contact a lawyer for advice if a u-haul driver has hit you with insufficient or no insurance. The sooner the better. You have a limited amount of time in which you may be able to file a claim in South Carolina. The statute of limitations for these types of claims is three years, with some exceptions. 

Our firm knows how to protect your rights and deal with insurance companies. Contact our office today for a free consultation.

Rear-end collisions are very common. Roughly one-third of the traffic accidents in 2019 involved a rear-end collision. Insurance companies try to minimize the injuries and damages caused by rear-end crashes. They refer to rear-end accidents as “fender benders.” However, rear-end collisions can cause traumatic injuries. Our South Carolina personal injury attorney works with insurance companies to recover full compensation for our victims of rear-end car accidents. 

Neck Injuries and Whiplash Caused by Rear-End Collisions

Whiplash is one of the most common injuries caused by rear-end car accidents. Whiplash is a strain or sprain of the neck that occurs when the head is forcefully “whipped” back and forth. When a vehicle is rear-ended, it causes the occupant’s head to whip back and forth forcefully.

Generally, people recover from whiplash in a few weeks with rest and minimal medical treatment. However, some cases of whiplash can cause chronic pain, limited range of motion, and long-term complications. 

A doctor might prescribe anti-inflammatory drugs, pain medications, and antidepressants. In some cases, the neck injury may be more severe and require muscle relaxants and a cervical collar. Physical therapy and cervical traction may also be prescribed in some cases. 

Other Injuries Sustained in Rear-End Collisions

In addition to neck injuries, occupants in a rear-end accident can sustain injuries including:

• Back and spinal injuries
• Bone fractures and broken bones
• Wrist, arm, and hand injuries
• Traumatic brain injuries and skull fractures
• Facial injuries
• Seatbelt syndrome
• Internal organ injuries 

The sudden force from a vehicle hitting the rear of your vehicle causes your body to jerk forward. Depending on the severity of the crash, you could hit the steering wheel, dashboard, or window. The airbag and seatbelt may cushion some of the impact from the crash, but the impact can still injure your face, head, and torso. 

It is normal to feel aches and pains after a rear-end accident. Do not ignore those pains and aches. It is always best to seek medical attention after a car accident. Some injuries may be masked by the shock and release of adrenaline after a car crash. 

Some injuries could worsen over time, especially if you do not receive prompt medical treatment. Delays in medical care could also cause problems with a personal injury claim.

Damages Available for a Rear-End Accident Claim 

South Carolina is an at-fault insurance state. All drivers are required to have minimum amounts of bodily injury liability insurance. If the other driver caused your accident, you could file a claim seeking compensation for you:

• Medical bills and expenses
• Therapy costs
• Loss of income and benefits
• Physical pain and suffering
• Diminished earning capacity
• Emotional suffering
• Loss of enjoyment of life
• Mental anguish
• Out-of-pocket expenses
• Decreased quality of life

The amount of your claim depends on the severity of your injuries and other facts of the case. The insurance company may downplay your injuries or claim that a case of whiplash is not severe enough to require medical care or loss of income. An accident lawyer can review your case and advise you of your legal options to recover money for your injuries and damages. 

Contact Our South Carolina Personal Injury Attorneys for a Free Consultation 

Rear-end collisions can cause severe injuries. You deserve fair compensation for all damages. Call our law office today to schedule your free case evaluation with an experienced South Carolina personal injury attorney.

If you got hurt in a hit-and-run accident in South Carolina, you probably have many questions. Frequently, the driver who fled the scene illegally will turn himself in or get caught within a few days or weeks of the collision. At the time of the crash, however, you have no way of knowing if they will ever catch the driver.

A South Carolina personal injury attorney can advocate on your behalf and help you navigate this tricky situation. Not knowing what to do can make the situation more stressful for you, so here is a guide to hit-and-run accidents in South Carolina – what you need to know. 

You Can Increase the Odds of the Hit-and-Run Driver Getting Caught

Try to notice as many details as possible about the other vehicle, and share this information with law enforcement and your personal injury attorney. Sometimes, the tiniest detail, like a bumper sticker, is the item that leads to the capture of the hit-and-run driver.

If you can do so safely at the scene of the accident, make a note of the color of the car as well as the make and model. If you can remember even part of the license plate number, that could help the police. Also, notice the direction the car drove from the scene. If you call 911 immediately and share that information with them, they might catch the hit-and-run driver before the driver hides the vehicle.

You or another person in your car could try to use your cell phone to capture a photograph or brief video of the car as it speeds away. The police might be able to enlarge and enhance the images to retrieve more information that could be useful to them.

Additional Sources of Evidence

Look around at the scene of the hit-and-run accident for anyone who might have witnessed the collision itself or seen the car shortly before or after the crash. You will want to get the names and contact information of these people and provide that to law enforcement. Talking to those people while you are still at the scene could give you information that could help catch the driver. People often forget details with the passage of time, so you want to talk with them right away.

It is essential to note the precise time that the crash happened, to make it easier to track down security camera footage in the neighborhood. Also, you will want to make a note of the exact location of the collision. Often, video doorbell cameras and security cameras at residences and businesses within a few blocks of the crash capture valuable footage that helps to identify the hit-and-run driver. Red light cameras at intersections can also be useful.

Your Uninsured or Underinsured Motorist Insurance Coverage on Your Automobile Policy

If you have uninsured or underinsured motorist coverage on your automobile policy, that insurance can help to pay for your losses from a hit-and-run collision if they do not find the driver who left the scene of the accident. Sometimes, people flee from a crash site because they do not have car insurance. Even if found, the at-fault driver might not have coverage that can cover your losses. In that situation, your uninsured or underinsured motorist coverage can still help you.

People often have questions about what happens if it takes a while for the police to capture the hit-and-run driver. For example, if you already had to pay your deductible and your uninsured or underinsured motorist coverage paid for some of your damages, what happens when they later find the hit-and-run driver? In that situation, you should get reimbursed for your deductible and the hit-and-run driver’s automobile insurance company should reimburse your insurance company for the money they paid.

Hit and run accidents are challenging, complicated events. A South Carolina personal injury attorney could talk to you and represent you in your personal injury claim. Contact our office today for legal help, we offer a free consultation.

Electric and hybrid electric vehicles are growing in number. Therefore, you have a better chance of being involved in a traffic accident with an electric vehicle. Additionally, these vehicles pose significant risks to pedestrians and bicyclists because of the low noise levels emitted from these vehicles.  

An electric vehicle accident can cause traumatic injuries. If another party caused the crash, you could recover compensation for your damages. First, however, you must prove fault and liability. Our South Carolina car accident lawyer assists victims in fighting for the money they deserve.

Steps to Take After an Electric Vehicle Accident 

The steps you take after an accident involving an electric vehicle significantly impact the outcome of your personal injury case. Important steps to take include:

Report the Car Accident to the Police

Drivers involved in a car crash are required to stop at the accident scene. Call 911 to report the accident and request assistance. The emergency operator dispatches a police officer and emergency medical services.

Do not admit fault for the cause of the car accident. Saying you are sorry could be misinterpreted as admitting fault. Instead, tell the police officer what happened without embellishing or accepting responsibility for the cause of the collision.

Document the Accident Scene 

If it is safe to do so, take pictures and make a video of the accident scene. Try to capture the location of the vehicles, vehicle damage, skid marks, road signs, and the surrounding area. Ask eyewitnesses for their names and contact information. 

Seek Medical Treatment for Injuries

Saying you are “fine” or “okay” could hurt your personal injury claim. It is better to say that you will see your doctor regarding any injuries caused by the accident. 

Seeing a doctor as soon as possible is best. The insurance company could use delays in medical care to deny the claim. The insurance adjuster may argue that you would have sought medical care immediately following the accident if the crash had caused injuries. 

Notify Your Insurance Company 

Report the accident to your insurance company. However, be cautious when answering questions about the cause of the crash. It is not wise to agree to provide a written or recorded statement for your insurance company or the other driver’s insurance company without discussing your case with an accident attorney. 

The statements you make could be used to blame you for the cause of the accident. The result could cost you thousands of dollars in lost compensation. 

Document Your Damages

Take pictures of your injuries as you recover from the electric vehicle accident. Keep copies of all bills, invoices, and receipts for expenses related to the car crash or your injuries. It can also help your case to keep a journal detailing your pain and suffering, activities you cannot perform, and other details about your recovery. 

Seek Legal Advice 

An electric car accident lawyer reviews your case to determine fault and liability. An attorney can protect you from aggressive claims adjusters and unfair insurance tactics. Your attorney understands how to value damages to maximize the amount of your recovery.

The insurance company has a team of highly trained, experienced professionals protecting its best interest. They work to reduce the money the company must pay you for your claim. You need a legal team that works to protect your best interests. 

Contact Our South Carolina Car Accident Lawyer for a Free Consultation 

Your time to file a claim after an electric vehicle accident is limited by the South Carolina statute of limitations. Seeking legal advice as soon as possible after a car crash can improve your chances of recovery and avoid missing filing deadlines. 

Call now for a free consultation with one of our South Carolina car accident lawyers.