Charleston, SC Speeding Accident Lawyer

Speeding is so common that many people don’t even think of it as a problem. 22% of drivers surveyed for the most recent Traffic Safety Culture Index from the AAA Foundation for Traffic Safety said driving 15 mph over the speed limit on freeways was only slightly dangerous or not dangerous at all. More than 10% said the same about driving 10 mph over the speed limit on residential streets. 

Most said both of those activities were at least moderately dangerous, but there’s a big disconnect between that perception and driver actions. Nearly half of the same drivers surveyed said they’d driven at least 15 mph over the speed limit on a freeway at least once in the past 30 days, and more than 80% of those said they’d done so at least a few times. The numbers were slightly lower for speeding on residential streets, but more than 27% admitted to going 10 mph or more over the speed limit on a residential street at least a few times in the past month. 

Unfortunately–as most drivers know–speeding is dangerous. 

The Role of Speeding in South Carolina Traffic Accidents

A speeding vehicle is more dangerous on the road for many reasons, including: 

• Vehicles are more difficult to maneuver at higher speeds, meaning the driver has less control 
• Higher speeds allow less time for a driver to react if a hazard appears, another vehicle swerves into their lane, a pedestrian enters the road, or they need to stop or divert for some other reason
• The risks of distracted driving are magnified at higher speeds, since the vehicle covers more ground in a shorter period of time–at 80 mph your vehicle travels the length of a professional football field in about three seconds and a full quarter of a mile in about 11 seconds

It isn’t just the crash risk that increases, either. A speeding accident can also be more dangerous. The faster a vehicle involved in an accident is traveling, the greater the risk of serious property damage, serious injury, and even death. The most recent date from the National Highway Traffic Safety Administration (NHTSA) shows that speeding played a role in 29% of all traffic deaths–more than 12,000 speeding-related fatalities in a single year. 

Liability for Speeding Accidents

Speeding is illegal. In South Carolina, S.C. Code §56-5-1520 makes it a misdemeanor to exceed statutory and posted speed limits. That means the speeding driver may be subject to fines, and in some cases even jail time. But, it means something more important for the victim of a speed-related car crash. 

South Carolina courts recognize the doctrine of negligence per se. The Latin means, “in itself.” In other words, speeding (or violation of another safety law or regulation) is in itself considered negligence. That makes it easier for someone who has been hit by a speeding driver to prove that the other driver was legally responsible for the crash and collect compensation. But, it doesn’t necessarily mean the speeding driver was completely responsible for the crash. 

More than One Person or Entity Can Be Negligent in a Car Crash

South Carolina law also recognizes that sometimes more than one party is at fault in an accident. For example, one driver involved in a collision may have been speeding, while the other was looking at their phone. Since both actions are negligent and both may have contributed to the accident, the two drivers may share responsibility. Or, a third party may be partly responsible. 

If the injured party is partly responsible for the accident, they may or may not be able to recover damages. In South Carolina, an injured person who was partly responsible for their own injuries may recover damages if they were not more than half responsible. The percentage of responsibility attributable to each party is decided by the jury (or judge, if the case proceeds without a jury). 

Here’s a simple example of how that works:

Driver A was driving 20 mph over the speed limit on a curve and failed to keep the vehicle fully under control, crossing the center line and colliding with an oncoming car operated by Driver B. Driver B was in their own lane and operating at the proper speed. However, Driver B’s phone rang just before the crash, and they looked away from the road for a second to see who was calling. If their attention had been on the road, they might have been able to avoid the crash. Driver B suffered $100,000 in damages. What B can recover depends on how fault is apportioned: 

• If the jury finds that Driver A was completely responsible for the crash, Driver B may be able to recover the full $100,000 from Driver A.       
• If a jury determines that Driver A was 75% responsible and Driver B was 25% responsible, Driver B can recover damages. But, the damages will be limited to $75,000 (75% of the total). 
• If the jury determines that Driver A was 45% responsible and Driver B was 55% responsible, Driver B will not be able to recover any damages, since they are more than half responsible.

Pursuing Damages after a Speeding Accident       

If you’ve been injured in a speeding accident or other motor vehicle crash, your best next step is to talk to an experienced Charleston car accident lawyer. In most car accident cases, South Carolina law allows up to three years to file a lawsuit. But, there are many reasons to get legal advice as soon as possible after your car accident. 

If you delay, evidence could be lost or destroyed before your attorney has a chance to begin investigating. Witnesses may be difficult or impossible to locate, or may not have a clear memory of the accident. The responsible driver’s insurance company may have misled you into making bad decisions about your claim. On the other hand, when you work with a trusted personal injury lawyer, you can turn your attention to recovering and rebuilding. 

Attorney Frank Hartman has dedicated his career to helping injury victims in the Charleston area, and knows how important it is for car accident victims to have reliable advice and information. That’s why The Hartman Law Firm offers free, no-obligation consultations. To schedule yours, call 843-300-7600 or fill out our contact form.