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South Carolina Car Accident Attorney
Table of Contents
Key Takeaways
- South Carolina follows an “at-fault” system, meaning the driver who causes a crash is financially responsible for injuries and damages.
- You have a limited time to file a lawsuit if settlement negotiations do not succeed.
- Speeding, failing to yield, and driving too fast for conditions are among the top causes of accidents on South Carolina roads.
- Car accidents often lead to traumatic brain and spinal cord injuries that may cause long-term or permanent disabilities.
A serious car accident in South Carolina can turn your life upside down in seconds. You may be in pain, missing work, and watching the medical bills pile up. The stress of dealing with insurance companies only adds to the burden.
If you wait too long, important evidence could disappear, witnesses may forget what they saw, and you risk losing your chance to recover the compensation you deserve.
At Marcari, Russotto, Spencer & Balaban, we understand what you’re going through. Our South Carolina car accident lawyers are here to protect your rights, fight for fair compensation, and handle the legal stress. You can focus on healing. Contact us today for a FREE case review.
“Can’t say enough great things about the team of people that assisted me with my case. Every single person I worked with was extremely helpful and seriously made the whole process as easy as possible for me. They maintained constant communication and worked hard to get the outcome I was hoping for. Highly recommend!” — Nicholas S.
Why Choose Marcari, Russotto, Spencer & Balaban
The car accident attorneys at Marcari, Russotto, Spencer & Balaban have years of experience handling personal injury cases under South Carolina personal injury law. When you need legal guidance after a serious crash, our team is ready to walk you through every step of the process with clarity and care.
Our Law Firm Has Recovered Millions for Our Clients
Our results speak for themselves. Some of our recent car accident case results include:
- $2,826,000 for a head-on crash caused by an employee acting within the scope of employment.
- $2,750,000 in a wrongful death case involving a defective tire.
- $1,340,000 for a car accident that caused traumatic brain injuries.
- $1,000,000 wrongful death settlement for a young man killed when a box truck ran a red light.
You Pay Only if We Win Your Case
We work on a contingency fee basis, which means you pay nothing upfront. You only owe legal fees if we recover compensation for you. Our attorneys and staff are accessible throughout your case. Focus on your recovery while we take on the insurance companies. We also offer free case evaluations.
Put Your Trust in Our Award-Winning Trial Lawyers
With over 200 years of combined legal experience, our South Carolina personal injury lawyers are recognized for their tireless advocacy on your behalf and for securing the compensation you deserve. Our attorneys have earned recognition from respected organizations, including the National Trial Lawyers Top 100, Super Lawyers, and Martindale-Hubbell, and have secured multimillion-dollar settlements for car accident victims.
Testimonials
“I had not ever been in an auto accident before and I was so unsure of what I was doing but the expertise and assistance I received from Mr. Balaban and Ms. Hemingway was awesome. They really do the most for you and I appreciate it greatly. I must say job well done.” — Austina B.
“Helped me tremendously!!! I was injured in a car accident and was not at fault. I tried to negotiate with the insurance company on my own but I felt like a child in shark infested waters about to be devoured. Until I hired Mr. Balaban! He and his wonderful assistant Shelia Hemingway were wonderful and got me a result that changed my life. If you are looking for help with your settlement you really cannot do any better than these fine people. They are good at what they do and are genuinely kind folks. Thank you thank you thank you!!! A+++” — Ragan R.R.
“Very kind and helpful people! They assisted me with my automobile accident case and secured a great settlement. I highly recommend them!” — Abner H.
Meet Our Car Accident Attorneys
Types of Car Accidents Our Auto Accident Lawyers Handle
Our experienced car accident lawyers handle a wide range of motor vehicle accidents, including:
- Distracted driving accidents
- Drunk driving or driving under the influence of drugs or alcohol
- Commercial truck accidents
- Rear-end collisions
- Running traffic control signals and signs
- Sideswipes
- Head-on car wrecks
- Rollover accidents
- Improper lane changes
- Driving too fast for conditions
- Crashes caused by product defects
- Aggressive and reckless driving accidents
- Fatigued driving
- Wrecks caused by inexperienced drivers
- Road rage
- Improper turns
- Road hazards
- Accidents caused by vehicle defects
- Failure to yield the right of way
- Hit and run
South Carolina Car Accident Laws
South Carolina car accident laws outline the rights and responsibilities of drivers involved in crashes. The state follows an “at-fault” system, meaning the driver who causes the accident is financially responsible for any injuries or property damage.
As an accident victim, you can file a car accident claim with the at-fault driver’s insurance company. If their coverage does not fully compensate your losses, you may be able to pursue additional legal action. Understanding reporting requirements, minimum insurance rules, and legal deadlines is key to protecting your rights after a crash.
South Carolina Statute of Limitations for Car Accident Cases
Under South Carolina Code § 15-3-530, you generally have three years from the date of the accident to file a lawsuit for personal injury, property damage, or wrongful death. If you miss this deadline, you may lose your right to seek compensation.
Limited exceptions may apply, such as when the injured person is a minor or the at-fault party is out of state and cannot be served. It’s important to speak with an attorney as soon as possible to avoid missing critical legal deadlines.
South Carolina Comparative Negligence Rule for Personal Injury Claims
South Carolina follows a modified comparative negligence rule with a 51% bar. This means you can recover compensation only if you are less than 51% at fault for the accident.
If you are partially responsible, your compensation will be reduced by your percentage of fault. For example, if you are found 30% at fault, your total award would be reduced by 30%. However, if you are 51% or more at fault, you cannot recover any damages.
South Carolina Car Accident Statistics
South Carolina has some of the highest traffic fatality rates in the country. According to the South Carolina Department of Public Safety. As of the most recent data, it ranks second in the U.S. for roadway deaths, with a fatality rate of 1.72 deaths per 100 million vehicle miles traveled in 2023. In 2024, there were 1,047 crash fatalities, underscoring the serious risks on South Carolina roads.
In 2024, there were 962 fatal crashes, resulting in a death rate of 20.7 per 100,000 people. The 2022 South Carolina Traffic Collision Fact Book reported that the leading contributing factor in fatal crashes was driving under the influence of alcohol or drugs.
If another driver’s negligence caused your injury or a loved one’s death, you may have the right to pursue compensation under South Carolina law.
What Are the Most Common Causes of Car Accidents in South Carolina?
Some of the most common causes of car accidents in South Carolina include:
- Speeding or driving too fast for conditions
- Failure to yield the right of way
- Distracted driving, including phone use or other in-car distractions
- Improper lane changes and unsafe merging
- Following too closely (tailgating)
- Driving under the influence of alcohol or drugs
- Drowsy or fatigued driving
- Hazardous weather and poor visibility
- Inexperienced or unfamiliar drivers
- Poor vehicle maintenance or mechanical failures
Common Auto Accident Injuries
Auto accident injuries can range from minor to life-changing. Some symptoms may take days or weeks to appear, which is why prompt medical attention and documentation are so important.
Common injuries from car accidents include:
- Cuts, bruises, and lacerations
- Soft tissue injuries, such as sprains and strains
- Whiplash and other neck or shoulder injuries
- Traumatic brain injuries, including concussions
- Back and spinal cord injuries
- Broken bones and fractures
- Facial injuries and eye trauma
- Internal injuries
- In the worst cases, death
- Emotional distress and psychological trauma
These injuries may require extensive treatment, impact your ability to work, or reduce your overall quality of life. A car accident attorney at Marcari, Russotto, Spencer & Balaban can help document that these effects are fully accounted for in your claim.
What Should I Do if I’m Involved in a Car Accident in South Carolina?
If you’re involved in a car accident in South Carolina and it’s safe to do so, taking the following steps may help protect your health and legal rights:
- Call 911 and check for injuries.
- Take photos of the vehicles, scene, skid marks, and any visible injuries.
- Move your vehicle to a safe area, if possible, and turn on your hazard lights.
- Give your statement to the police, but do not admit fault.
- Let EMTs examine you, even if you feel fine, because serious injuries can be masked by adrenaline.
- Exchange contact, license, registration, and insurance information with the other driver(s).
- Gather witness names and contact details.
- Write down what happened while it’s fresh in your mind.
- Get the police report number and names or badge numbers of responding officers.
- Seek medical care as soon as possible to document your injuries.
- Notify your insurance company, but avoid detailed statements. Refer them to your attorney.
- If police don’t respond, you must file SCDMV Form FR-309 within 15 days if the crash resulted in injury, death, or more than $1,000 in property damage. Failing to do so may result in license and registration suspension.
- Do not admit fault or apologize, because it could be used against you later.
After a crash, contact a car accident attorney at Marcari, Russotto, Spencer & Balaban. We can handle the legal process while you focus on recovery.
Should I Talk to the Insurance Company After a Car Accident?
You are required to notify your insurance company after an accident, but you are not obligated to give a full statement to the insurance adjuster, especially if you have legal representation.
Insurance companies may try to use your words against you or offer a quick settlement that doesn’t reflect the full value of your claim. It’s best to let your attorney handle all communication with the insurer to protect your rights.
If you’ve been injured in a crash, contact Marcari, Russotto, Spencer & Balaban. Our legal team can deal with the insurance company so you don’t have to.
When Should I Contact a Car Accident Lawyer?
You should contact a South Carolina car accident lawyer as soon as possible, especially if:
- You suffered serious injuries
- Fault is disputed or the other party blames you
- The insurance company denied or undervalued your claim
- The accident involved significant property damage or complex circumstances
- You are unsure of your legal rights or next steps
Speaking with an attorney early in the process helps protect your rights, preserve evidence, and avoid mistakes that could hurt your claim. The legal team at Marcari, Russotto, Spencer & Balaban is ready to guide you through every stage of your case.
Who Is Liable for My Car Accident Injuries in South Carolina?
South Carolina follows an at-fault system. This means the driver who caused the accident is legally responsible for injuries and property damage. If another driver acted negligently, recklessly, or intentionally, they may be held liable for your losses.
The at-fault driver’s insurance is typically the first source of compensation for medical expenses, lost income, and other types of damages. If their coverage is not enough, you may be able to pursue a claim directly against the driver or use your own uninsured or underinsured motorist coverage.
Marcari, Russotto, Spencer & Balaban can review your case and help identify all potential sources of compensation.
How Is Fault Determined in a South Carolina Car Accident?
Fault in a South Carolina car accident is determined by examining the facts to identify which driver acted negligently. Insurance companies, investigators, and attorneys review evidence such as police reports, eyewitness statements, and physical details from the scene, including vehicle damage and skid marks. They may also consider traffic law violations, dashcam or surveillance footage, and accident reconstruction analysis if needed.
If fault is unclear or disputed, the legal team at Marcari, Russotto, Spencer & Balaban can gather and present the right evidence to support your claim.
How Can a Car Accident Lawyer Prove Negligence in a Car Accident?
To prove negligence in a car accident case, your attorney must show that the other driver owed you a duty of care, failed to meet that duty, caused the crash, and that you suffered damages as a result. This process involves gathering and organizing evidence such as police reports, medical records, witness statements, and expert testimony.
Marcari, Russotto, Spencer & Balaban builds each case with these elements in mind, helping injured clients pursue the compensation they are legally entitled to.
What Compensation Can Car Accident Victims Recover After a Car Crash in South Carolina?
After a car accident in South Carolina, you may be entitled to compensation for both economic and non-economic damages. Economic damages refer to financial losses such as medical bills, lost wages, reduced earning capacity, property damage, and funeral costs in fatal cases.
Non-economic damages cover intangible losses like pain and suffering, emotional distress, physical impairment, disfigurement, and loss of enjoyment of life or companionship.
In cases involving reckless or egregious conduct, punitive damages may also be available to penalize the at-fault driver and discourage similar behavior in the future. An attorney at Marcari, Russotto, Spencer & Balaban can assess the full value of your claim and help you pursue the compensation you deserve.
Who Pays My Medical Bills After a Car Accident?
In South Carolina, the at-fault driver is responsible for paying your medical bills through their liability insurance. However, payment usually comes at the end of your treatment, after a settlement is reached.
While your case is pending, you can use your health insurance, Medicaid, or Medicare to cover immediate medical costs. These providers may later seek reimbursement from your car accident settlement. If you have Medical Payments (MedPay) coverage, it can help pay medical costs upfront, regardless of fault.
If the at-fault driver is uninsured or underinsured, you may need to use your own uninsured motorist coverage. In some cases, medical providers will agree to delay payment if you sign a letter of protection with your attorney, stating the bills will be paid from your eventual settlement.
Marcari, Russotto, Spencer & Balaban can help coordinate these options and make sure your medical expenses are properly included in your claim.
What if the At-Fault Party Doesn’t Have Car Insurance?
If the at-fault driver does not have insurance, you can pursue compensation through your own uninsured motorist (UM) coverage. This coverage is required on all auto insurance policies in South Carolina and can help pay for your medical bills, lost income, and other damages after a crash.
What Is Uninsured and Underinsured Motorist Coverage (UM/UIM)?
In South Carolina, uninsured motorist (UM) coverage is required by law and helps pay for injuries if the at-fault driver has no insurance.
Underinsured motorist (UIM) coverage is optional and applies when the other driver’s policy isn’t enough to cover your losses.
South Carolina allows you to “stack” UM/UIM bodily injury coverage across multiple vehicles if separate premiums were paid for each. This can increase the available compensation, even if only one vehicle was in the crash.
An attorney at Marcari, Russotto, Spencer & Balaban can help you understand your policy and guide you through the claims process.
How Can a South Carolina Car Accident Lawyer Help Me With My Case?
A South Carolina car accident lawyer can handle the legal details while you focus on healing. Your attorney can investigate the crash, gather evidence, and identify everyone who may be responsible. They can calculate the full value of your claim, including future medical care, lost income, and pain and suffering.
Your lawyer will also deal with the insurance company, file paperwork on time, and negotiate for a fair settlement. If needed, they can take your case to court.
Marcari, Russotto, Spencer & Balaban offers contingency-based representation. You won’t pay any attorney fees unless we recover compensation for you.
Frequently Asked Questions
How Long After an Accident Can Injuries Appear?
Some injuries may show up right away, while others, like whiplash, concussions, or internal injuries, can take hours or even days. That’s why it’s important to get medical attention as soon as possible, even if you feel okay.
What if I’m in an Accident in a Rental Car?
Follow the same steps you would for any accident. Call 911, exchange information, document the scene, and notify the rental company and your insurance provider.
How Do I Get a Temporary Rental Car After an Accident?
You may be able to get a rental car through the at-fault driver’s insurance if they accept liability. If you have rental reimbursement coverage on your own policy, that can also cover the cost.
What Is the Average Settlement for a Car Accident in South Carolina?
Settlement amounts vary based on the severity of your injuries, medical costs, lost income, and who was at fault. Some claims are worth a few thousand dollars. Others may reach six or seven figures.
How Much Does It Cost to Hire a South Carolina Car Accident Lawyer?
Most personal injury attorneys work on a contingency fee basis, which means you only pay if they win your case or recover a settlement on your behalf.
At Marcari, Russotto, Spencer & Balaban, we offer free consultations and don’t charge any legal fees unless we successfully recover compensation for you. There’s no risk to get started.
Get the Legal Help You Need After a South Carolina Car Accident
If you’ve been injured or lost a loved one in a car accident, don’t wait to get legal support. The experienced attorneys at Marcari, Russotto, Spencer & Balaban are ready to help you understand your legal options, deal with the insurance companies, and fight for the compensation you deserve.
Call us at 855-435-7247 or fill out our contact form to schedule your free consultation. We have offices across South Carolina, including Charleston, Columbia, and Greenville.
Written By Brad Balaban
Brad is licensed in North Carolina, Virginia, and Washington, D.C., Brad represents personal injury clients in cases throughout the Mid-Atlantic States. As long as he can remember, the idea of being able to advocate for those unable to do it for themselves has been Brad’s cause.
