Charleston, South Carolina has specific laws and rules governing car accidents. Here are some key legal considerations and rules related to car accidents in Charleston:
Duty to Stop and Report: South Carolina law requires drivers involved in a car accident to immediately stop at the scene, provide their name, address, and vehicle registration number to other parties involved, and render aid to anyone injured if it’s safe to do so. Failing to stop and fulfill these obligations can result in criminal penalties.
Reporting the Accident: Charleston drivers must report the accident to local law enforcement if it results in injury, death, or property damage exceeding $1,000. Law enforcement will typically fill out an accident report, which can be crucial for insurance claims and legal proceedings.
Fault-Based System: South Carolina follows a fault-based system for car accidents, which means that the party responsible for causing the accident is generally liable for the damages resulting from it. Victims can seek compensation from the at-fault driver and their insurance company.
Statute of Limitations: In Charleston, South Carolina, there is a statute of limitations for filing personal injury lawsuits related to car accidents. Typically, you have three years from the date of the accident to file a lawsuit for injuries or property damage.
Minimum Insurance Requirements: South Carolina requires drivers to carry liability insurance with minimum coverage limits. The minimum requirements were $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident.
Comparative Negligence: South Carolina follows a modified comparative negligence rule, which means that if you were partially at fault for the accident, your compensation may be reduced in proportion to your degree of fault. If you are found to be more than 50% at fault, you may not recover damages.
Uninsured/Underinsured Motorist Coverage: South Carolina law requires insurance companies to offer uninsured and underinsured motorist coverage, which can provide additional compensation if you are injured in an accident caused by an uninsured or underinsured driver.
Distracted Driving Laws: Charleston, South Carolina has laws prohibiting texting while driving for all drivers and using handheld devices while driving for novice drivers.
Drunk Driving Laws: South Carolina has strict laws against driving under the influence (DUI) of alcohol or drugs. The legal blood alcohol concentration (BAC) limit for most drivers is 0.08%.
It’s essential to consult with an attorney to ensure you have the most up-to-date information regarding car accident laws and rules in Charleston. This professional will be able to guide you on whether another driver broke the law and therefore owes you compensation. It’s quite likely you have a personal injury claim.
Have you been in a car accident based on the other driver’s actions or inactions? Don’t fight this battle alone. Hiring a Charleston car accident lawyer can significantly increase your chances of obtaining fair compensation for your injuries and losses after an incident or accident. Contact 1-8000-Injured, a medical and legal referral network, to connect with one.