Greenville, SC Car Accident Attorneys

A car accident refers to any incident involving a motor vehicle that results in damage to property or injury to individuals. These accidents can vary in severity from minor fender-benders to catastrophic collisions causing significant injuries or fatalities. Car accidents can occur due to various factors, including human error, mechanical failure, adverse weather conditions, or road hazards.

Here are some common types of car accidents:

• Rear-End Collision: This occurs when one vehicle crashes into the back of another vehicle. It often happens due to tailgating, distracted driving, or sudden stops by the leading vehicle.
• Head-On Collision: This type of accident involves the front ends of two vehicles colliding with each other. Head-on collisions typically result in severe injuries or fatalities due to the high impact forces involved.
• Side-Impact (T-Bone) Collision: In a side-impact collision, the front of one vehicle strikes the side of another vehicle, forming a "T" shape. These accidents often occur at intersections when one driver fails to yield or runs a red light.
• Single-Vehicle Accident: This involves only one vehicle and can include incidents such as hitting a stationary object, running off the road, or rolling over. Single-vehicle accidents can result from factors like speeding, driver fatigue, or poor road conditions.
• Multi-Vehicle Pile-Up: Also known as a chain-reaction collision, this occurs when several vehicles are involved in a series of rear-end collisions. Multi-vehicle pile-ups often happen on highways, especially during adverse weather conditions or low visibility.
• Sideswipe Collision: In a sideswipe accident, the sides of two parallel-moving vehicles come into contact with each other. These accidents can occur when changing lanes without checking blind spots or drifting out of a lane.
• Rollover Accident: A rollover happens when a vehicle tips over onto its side or roof. This type of accident is more common in SUVs, trucks, and vehicles with a higher center of gravity. Factors such as high speed, sharp turns, or uneven road surfaces can contribute to rollovers.
• Parking Lot Accident: These accidents typically occur in parking lots or garages and involve collisions between vehicles maneuvering for parking spaces or pedestrians walking in the vicinity.

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

While some states follow a no-fault car insurance system that allows accident victims to seek compensation after an accident, regardless of who was to blame, South Carolina is not one of those states. Instead, South Carolina follows a traditional fault-based car insurance system. Under this system, you must prove that another person or party was at least partly responsible for the accident in order to file a claim for compensation. 

Proving fault often involves identifying the cause of the crash. If it is discovered that one or more parties acted negligently or wrongfully, leading to the accident, you have grounds for a claim.

Some of the most common causes of car accidents that can be attributed to negligence or wrongful conduct include: 

• Speeding 
• Distracted driving 
• Drunk/impaired driving 
• Unsafe or illegal driving maneuvers 
• Running red lights or stop signs
• Failing to yield the right of way
• Dangerous turns 
• Fatigued driving 
• Reckless or aggressive driving 
• Road rage 

Third-party negligence can also contribute to an accident. For example, a poorly maintained roadway may contain potholes or debris, leading to a collision. In such instances, the city (or another party responsible for roadway maintenance) could be partially or entirely liable for the victim’s damages. Another common source of third-party liability is auto manufacturers who produce or allow defective vehicles and auto parts onto the market, thereby putting motorists and others at risk. 

At Hart David Carson, we conduct independent investigations to determine exactly what happened and, most importantly, who is responsible. We work with accident reconstructionists and expert witnesses who provide powerful testimony on behalf of our clients, and we prepare every case as though it will go to trial. 

How Long Does It Take to Settle a Car Accident Claim? 

Every case is different, and the exact amount of time it will take to settle your claim depends on the various factors involved. On average, car accident claims can take several months up to a year or more to resolve. 

Some of the factors that influence how long it will take to resolve your case include: 

• The severity of your injuries 
• The cost of your medical care 
• The amount you are seeking in damages
• The number of liable parties 
• Your degree of fault (if any) in causing the accident 
• The amount of insurance coverage available 
• The insurance company’s willingness to settle 
• Whether or not your case goes to trial 

The overall complexity of your case is a huge factor. For example, cases involving auto defects, multiple liable parties, and catastrophic injuries will generally take longer to resolve than more straightforward claims. 

That being said, our team works diligently to resolve cases as quickly as possible. While we strive to obtain favorable settlements whenever possible, we also recognize that some cases must proceed to trial. We seek maximum compensation for our clients in every case, even when that means going to court. 

Common Damages in Car Accident Claims 

The term “damages” refers to the losses—both monetary and intangible—you have suffered as a result of the accident and your injury. The purpose of filing a car accident claim is to recover financial compensation for these damages. 

Just as the unique factors involved in your case affect the amount of time it will take to settle your claim, so too do they influence how much your case might be worth. It is not possible to determine the value of your claim without first reviewing these specific factors; however, there are certain types of damages that are commonly recovered in South Carolina car accident claims. 

Some examples of common damages in car accident claims include: 

• Medical expenses, including projected future costs
• Lost income, wages, and/or employment benefits 
• Loss of earning ability due to permanent injury, impairment, or disability
• Loss of future income, wages, and/or employment benefits 
• Physical and mental pain and suffering, including emotional distress
• Permanent and significant disfigurement resulting from an injury 
• Miscellaneous out-of-pocket expenses associated with the accident/injury, such as in-home assistance/care, transportation costs, etc. 

In certain rare cases, it may also be possible to recover non-compensatory damages, known as punitive damages. Rather than compensate you for specific losses, punitive damages are awarded to punish the defendant for acts of gross negligence or egregious misconduct. 

What Is the Statute of Limitations for South Carolina Car Accident Claims? 

The statute of limitations, or deadline for filing your personal injury lawsuit, after a car accident in South Carolina is three years. The clock begins ticking on the date of the accident in nearly every instance; however, there may be some, rare exceptions. Generally speaking, if you wait more than three years to file your lawsuit, the defendant’s counsel will likely file a motion to dismiss based on the fact that the statute of limitations has expired. This could prevent you from recovering the damages to which you are otherwise entitled. 

Note that the statute of limitations applies to lawsuits; it does not apply to insurance claims. In fact, you likely have a much shorter amount of time to file an insurance claim after an accident. We recommend that you reach out to our team right away to learn how our Greenville car accident lawyers can help you avoid missing your chance to seek fair compensation for your losses. 

Why Hire a Car Accident Lawyer? 

After an accident, you have a lot to deal with: getting medical attention and having your vehicle repaired, keeping up with everyday expenses and taking time off work to heal, among other challenges. Right now, you should be focused on healing—not on fighting with the insurance company for a fair settlement. 

Unfortunately, many insurance companies try to take advantage of accident victims. They know that you may simply wish to resolve the claim so that you can move on. They also know that you likely do not understand all of the complex car accident laws that apply to your situation. The insurance adjuster may offer a lowball settlement that you might be tempted to take—but you should never accept a settlement or sign anything provided to you by the insurance company without talking to a lawyer first. 

At Hart David Carson, our lawyers can help you stand up to the insurance company and fight for the full amount you are owed. We don’t just consider your current needs; we also take into account your future challenges and seek compensation meant to compensate you for your current and future damages. What’s more, we are prepared to handle all communication with the insurance company so that you can focus on what matters most: getting back on your feet. 

Injured in a crash? Contact us online or call (864) 971-3795 to schedule a free consultation with our car accident attorneys today.