Most of us don’t think that we will get into a crash when we get into a car. Yet car accidents happen far too often in South Carolina. In 2021 alone, there were 147,724 collisions in the state – 53,596 of which caused injuries.

Of course, it doesn’t matter how many accidents there are in South Carolina when you are the one involved in a collision. It can be hard to know what to do in this situation. Staying calm, seeking medical attention, and consulting with a lawyer can all help to protect your rights moving forward.

If you have been hurt in any type of motor vehicle accident, our law firm is here for you. The Derrick Law Firm advocates for South Carolina injury victims, working to get them the compensation that they deserve for their injuries. Reach out to our law offices today to schedule a free initial consultation with a Simpsonville car accident attorney. 

What to Do at the Scene of the Crash

After the trauma of a motor vehicle accident, it can be difficult to know what to do. The first priority should be to get yourself to safety. If possible, move your car out of traffic and to a safe place. This could be to the shoulder of the road or even a nearby parking lot.

You should also turn on the car’s hazard lights – whether you were able to move it or not – to alert other drivers of the accident. If you have flares in your emergency kit, you can light those as well. Most importantly, even if you can’t move your vehicle, you should get away from the road and into a safe location.

If you – or anyone else involved in the accident – suffered any injuries, you may call 911 to get medical treatment. Even if you aren’t sure about the need for an ambulance, it may be better to err on the side of being overly cautious.

Next, you may need to call the police. Under South Carolina law, you must file an immediate report of accidents that result in personal injury or death by calling 911. You must also file a written report with the South Carolina Department of Motor Vehicles (DMV), along with proof of liability insurance, when a person is injured or killed in an accident, and/or there was more than $1,000 total in property damage. Form FR-309 should be completed within 15 days of any auto accident that meets this criteria.

While on the scene, you should also collect information. This may include:

• The name, contact information, and insurance information of the other driver(s)
• The names and contact information for any passengers and/or witnesses
• The driver’s license number and driver’s license plate number for the other driver

To aid in information gathering, it is helpful to use your smartphone to take photos and videos of the accident scene. You should try to include photos and videos of the car that hit you, the location of the accident, and the damage to your own car. You can also take photos and/or videos of your own injuries.

While you may be tempted to do so, do not admit fault or apologize to the other driver. You should be careful what you say to the other driver and to any police who show up on the scene, as what you say could be used against you. Stick to the facts, and don’t offer any other commentary.

At the same time, make note of what the other driver is saying and how they are acting. If they admit fault, take a moment to write that down in the “notes” app on your phone. Also pay attention to see if they are acting erratically, slurring their words, or doing anything else that might indicate that they are under the influence of alcohol and/or drugs.

Seeking Medical Care After an Accident

When you are in a car accident, it is common to experience some degree of shock. The adrenaline rush that accompanies a traumatic event like a car crash can actually minimize pain and mask symptoms of an injury. Even if you don’t think that you are hurt, it is always a good idea to get checked out by a medical professional after a motor vehicle accident.

If you don’t call 911 and go to the hospital, you should still make an appointment with your doctor – or even go to the emergency room or urgent care. Getting medical treatment is vital to getting the right diagnosis and treatment so that you can properly heal.

Seeing a doctor is also important to establish a connection between your injuries and the accident. Insurance companies often try to minimize car accident claims by arguing that your injuries were from something other than the crash. When you get medical care immediately after an accident, it will be strong evidence that your injuries were caused by the accident. 

If you have health insurance, then it will cover your treatment – although you may be required to pay back the insurance company out of the proceeds of any personal injury settlement or verdict at trial. If you don’t have health insurance, you should still seek medical care. A personal injury claim typically includes money for medical bills.

Filing a Car Accident Claim

After getting medical treatment, your next priority should be setting up an appointment with a South Carolina car accident attorney. Initial consultations are free, and they won’t charge a fee unless they get money for you. During this meeting, you will get a chance to tell your story and then get legal advice on your rights and options for pursuing a claim.

A lawyer can explain how fault is determined in South Carolina car accident cases, and whether you might have a viable claim against the at-fault driver or another party. Typically, car accident cases are based on a theory of negligence, which is a form of carelessness. Negligence can include any number of things, such as speeding, distracted driving, failure to yield, or simply not paying full time and attention to the road.

In some cases, a car accident was based on something more than negligence – such as intentional or reckless conduct. For example, if a person drives under the influence and causes a drunk driving accident, they have acted recklessly. You can file an insurance claim against a driver who caused an accident through their intentional or reckless behavior.

Through a personal injury claim, you can recover financial compensation for all of your losses. In most cases, you can recover compensatory damages, which consist of both economic and non-economic damages. This may include money for:

• Property damages
• Lost wages
• Reduced earning capacity
• Medical expenses
• Future medical treatment
• Other direct financial losses related to the accident
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life
• Scarring
• Disfigurement

In some cases, you may also be eligible for punitive damages. This type of damage award is only available when a defendant acted intentionally or recklessly. In South Carolina, punitive damages are capped at the greater of 3 times your compensatory damages or $500,000. Your South Carolina car accident attorney can help you learn more about the types of damages that you may be entitled to, and can give you a ballpark estimate of the value of your case.

Most car accident claims are resolved outside of court. While it may be necessary to file a lawsuit to protect your legal rights, that does not mean that your case will go to trial. In the majority of cases, your lawyer will be able to negotiate a settlement. If not, then they will take the case to a jury to ask them to return a verdict in your favor.

When to Hire an Accident Attorney

Within days or weeks of a car accident, you may be approached by an insurance adjuster for the at-fault driver’s insurance company. They may ask you to sign paperwork or give a statement. They may even offer you a settlement and tell you that they take full responsibility for the crash.

You should not talk to the adjuster, give a statement, or sign any paperwork until you have had a chance to talk to an attorney. The insurance company is in business to make money – not to make sure that you get top dollar for your losses. Working with a lawyer is the best way to protect yourself after a car accident.

Hiring a lawyer immediately after a motor vehicle accident may not be possible. You may be dealing with quite a bit, including ongoing medical treatment, the stress of being out of work, and not having a car. However, you should contact a South Carolina personal injury law firm as soon as possible after an accident.

Personal injury attorneys handle cases on a contingency fee basis. This means that you pay nothing upfront, and only pay a fee if they recover money for you through a settlement or verdict at trial. Your attorney’s fee will be a percentage of your total recovery.

This system means that anyone can afford to hire a lawyer after a car accident – even if they don’t have the extra cash to pay a retainer or an hourly fee. It also means that there isn’t any risk in talking to a lawyer. You won’t pay for the initial consultation, and you won’t pay an attorney’s fee unless you get money for your losses.

Lawyers are ethically bound to represent your best interests. They will take on the insurance company for you, working hard to get you maximum compensation for your injuries. In fact, studies show that people who are represented by counsel recover an average of 40% more in car accident cases compared to people who represent themselves.

If you have been hurt in an accident, don’t wait to call a lawyer. In Simpsonville, Derrick Law Office will advocate for you and help you get the money that you deserve for your injuries.

Hurt in a Car Accident? We’re Here for You.

After a motor vehicle accident, you may be experiencing all types of feelings, from anger to anxiety to stress. You may also be confused about what your options are for filing a claim, including whether or not you even have a viable claim. Our law firm will work with you to help you understand your rights and will stand by your side throughout the process.

Based in Simpsonville, SC, the Derrick Law Office advocates for the rights of accident victims throughout the state. We handle a range of personal injury cases, including car accidents, wrongful death, dog bites, and slip and fall claims. For each case, our goal is to help our clients get maximum compensation for their injuries. To learn more or to schedule a free initial consultation with a South Carolina car accident attorney, give us a call at 864-531-7765 or fill out our online contact form.

Related: How to Settle Your Own Accident Claim in South Carolina