South Carolina is the second most dangerous state in the country for drivers, based on the number of serious accidents reported by Forbes. Charleston County is one of the most dangerous jurisdictions in the entire state.
Between the expanding population and the growing number of tourists, the roads in Charleston are often clogged with traffic. In 2021, Charleston even made a list of the most dangerous cities in the country for drivers, based on the number of motorists who have at-fault traffic accidents on their record.
If you or a loved one have been hurt in a car accident, you may be entitled to substantial financial compensation if you could show that someone else was to blame for the crash. First, you need to contact an experienced attorney to explore the legal process. The Hartman Law Firm, LLC Is standing by and ready to help you at all times.
Charleston Car Accident Statistics
According to the most recent edition of the South Carolina Traffic Collision Fact Book, there were in total just over 16,000 car accidents in Charleston County in 2021. Just over one-quarter of these accidents were injury-causing. There were approximately 5,600 car accident victims in that year who suffered injuries. 77 people lost their lives in these accidents.
If someone else’s wrongful actions caused your injury, you can hold them accountable and obtain financial compensation for your injuries. When you hire Frank as your car accident attorney, he will work to get you what you deserve.
Common Causes of Car Accidents in Charleston
If you think that Charleston streets are more dangerous today than they were in the past, it is not a product of your imagination. Drivers simply pay less attention and do not have much regard for their safety. They either want to get where they have to and when, or they are just simply not focused on the road.
Contributing factors to car accidents in Charleston include:
- Distracted driving, including the use of cell phones behind the wheel
- Aggressive driving
- Excessive tailgating
- Fatigued driving
- Inexperienced drivers
- Inclement weather conditions
- Failure to check blind spots when changing lanes or turning
- Illegal turns
- Running stop signs or red lights
- Drunk driving
The Role of Fault in a South Carolina Car Accident
In South Carolina, the driver who was at fault for the accident is responsible for paying for the injuries that other drivers and their passengers suffer. The primary way to prove that the driver was at fault is by showing that they were negligent.
Common law holds that a driver was negligent when the following four elements are present:
- The driver owed you the duty of care
- They violated the duty of care by doing something that would be considered unreasonable under the circumstances
- You suffer an injury
- You would not have been injured had it not been for the actions of the other driver
To prove fault, you need evidence that shows what happened in the events before the car accident. One complicating factor is that the other driver’s insurance company may try to point the finger at you for the collision, either to reduce your financial compensation or to eliminate it.
Who Is Liable for a Car Accident in South Carolina?
Most often, a victim of a car accident in Charleston would file a claim against the other driver involved in the crash. When there is more than one car in the accident, it could be challenging to determine who was to blame for the accident.
There may be other responsible parties whom you can sue. If there was more than one person or entity to blame for the crash, we advise filing a claim against everyone and letting them figure out how to apportion the liability.
Other potentially responsible parties for the accident include:
- The manufacturer of a car in a product liability lawsuit
- The government, if the roadway was not maintained in reasonable condition
- A third party who caused you to lose control of your car
- The owner of the car, if they negligently entrusted it to another driver
- The employer of the driver, if they were on the job at the time of the accident
Once you hire Frank as your attorney, he will investigate the circumstances of your accident and help you determine all potential parties you may be able to sue. He will also gather all available evidence that can be used to prove liability, whether it be recorded at the scene or gathered from witnesses.
Why Hire Attorney Frank Hartman to Handle Your Car Accident Case?
To have the most effective chance of securing enough financial compensation to pay for your injuries, you need the help of an experienced car accident lawyer. Frank will bring his knowledge and experience in winning car accident cases to help you from start to finish. He has been successfully representing Charlestonians like you, and this community is his home.
Whether you were injured on the interstate or on a rural road, your car accident case is personal to us, and we are passionate about securing justice for you.
The Role of the Insurance Company in a Car Accident Claim
An insurance policy is a contract between the driver and the insurance company. The contract requires the insurance company to step into the role of the driver. They defend the driver from any lawsuit, and they pay for the damages that the driver has caused, up to the amount of the policy coverage.
The insurance company is not a judge, nor are they a jury. They are merely a representative and extension of the driver who injured you. They do not have any power to dictate the terms of the settlement agreement, and any decisions that they make do not mean the end of your legal rights.
As your lawyer, Frank knows how to take on the insurance companies when they refuse to do the right thing or make your claim harder to resolve. Just like they may put pressure on you, Frank is not afraid to use the tactics he’s learned during settlement negotiations.
Compensation for Your Car Accident Injuries
Once you can establish that the other driver was to blame for the injury, you would then have a legal right to obtain full compensation from them for the injuries that you have suffered.
The other driver who was involved in the accident would have purchased car insurance if they had followed South Carolina law. Their insurance policy would cover the damages up to the amount of the policy limit. The driver could even be personally responsible for any damages over and above the coverage limit if you file a lawsuit against them and win.
As your car accident attorney, Frank can go after all available types of damages, such as:
- Medical expenses
- Property damage
- Lost wages (or reduction in your earnings capacity)
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress
Your settlement check comes as a product of a negotiation between you and the insurance company. They will make you an offer to settle your case, but it will not be for anything close that you deserve. You need a tough and experienced negotiator working on your behalf, and that is exactly what Frank will be for you.
Contact a Charleston Car Accident Lawyer Today
Call Frank when you need a heavy-hitting car accident attorney on your side. Take the first step towards starting the legal process by submitting our online form or calling us at 843.300.7600.
During your free initial consultation, Frank will learn more about the facts of your case, and we can decide whether to work together. It costs nothing to have a car accident lawyer represent you, and you’ll only pay if we win your case.
Car Accident Case FAQs
Do you need a police report to file a car accident claim?
South Carolina law requires you to file a police report for the crash under nearly every circumstance. You would usually include the police report when you file an insurance claim against the other driver.
While the police report cannot be used in a lawsuit, the insurance companies will refer to it when they are determining liability for the crash. Thus, it is very helpful to have this document to use.
What should you do first after a car accident?
In the days after a car accident, you should see all the necessary doctors to get the medical diagnosis and treatment that you need. You cannot afford to ignore your health when your body has been through such trauma. In addition, you should also contact a Charleston car accident lawyer like Frank to discuss the first and next steps in your legal case.
What is the statute of limitations for a car accident?
South Carolina law imposes a limit on the amount of time that you have to file a lawsuit. You have three years from the date that you were injured or should have known that you were injured, to file a lawsuit against the responsible driver. If you miss this deadline, you lose the right to seek financial compensation permanently.