South Carolina Car Accident Lawyers

Results & Settlements

If you were injured or lost a loved one in a car crash in South Carolina, you may be able to pursue compensation through a lawsuit for damages related to the crash or wrongful death.

The car accident lawyers at Hughey Law Firm are standing by to help you. We can help you recover the damages you need to move forward after a catastrophic car accident. Together, we can help you seek justice.

Key Takeaways

In South Carolina, most car crash claims must be filed within three years of the crash. Wrongful death claims must be filed within three years of the date of death.
You may still be eligible for compensation even if you share some blame, as long as you are not more than 50% at fault. However, your award will be reduced by your share of fault.
South Carolina only requires 25,000/50,000/$25,000 in liability coverage, plus matching uninsured motorist coverage. Serious injuries often cost more, so having every available policy matters.
More than one party can be at fault, including an employer, a bar that overserved a driver, a parts manufacturer, or a government agency.
Photos, police reports, medical records, and witness details gathered early on carry the most weight. The Hughey Law Firm handles car crash cases on a contingency fee basis, so you pay no attorney fees unless the firm recovers compensation for you.

Why Contact Our South Carolina Car Accident Lawyers?

Hughey Law Firm has represented injured South Carolinians since 2007. Its founder, Nathan Hughey, spent five years as a defense attorney for nursing homes and insurance companies, and the firm approaches every case as though it will go to trial.

Attorney Nathan Hughey founded the Hughey Law Firm in 2007 with the belief that if someone was injured in any South Carolina car accident and they didn’t cause the crash, they shouldn’t have to pay for the treatments and therapy needed to recover.

Since then, he and his injury law firm have recovered more than $300 million for their clients, including settlements and judgments of:

$1,650,000
$670,000
$575,000
$500,000
$500,000
$489,000
$485,000

We cannot promise that your results will mirror those we listed above because the outcome of your case will depend on the facts involved. Every case must be evaluated on its own merits. Still, we think they demonstrate the kind of personal injury firm we are: absolutely committed to recovering everything our clients need to pay their bills and put their lives back together.

Past results do not guarantee future outcomes. Each case is unique and depends on its own facts and circumstances.

A free consultation is the fastest way to learn where your claim stands and what steps to take next.

Types of Car Accidents in South Carolina

The most common types of car crashes in South Carolina are head-on collisions, T-bone crashes, sideswipes, rear-end collisions, rollovers, single-vehicle crashes, and chain-reaction pileups. Each type produces different injuries and raises different questions about fault.

According to the South Carolina Department of Public Safety, a traffic collision takes place in the state every 3.6 minutes, a collision involving injuries every 15.2 minutes, and a fatal collision every 9 hours. The department’s 2022 report counted 1,093 traffic deaths and 50,172 injuries statewide.

Common types of car crashes include:

Head-on collisions

While they make up a small percentage of the total number of car crashes each year, head-on collisions are disproportionately responsible for the fatalities suffered in traffic collisions. Head-ons occur when the front of one vehicle strikes the front of another. This type of accident is often caused by wrong-way driving or a prior collision that forces one of the vehicles into an oncoming traffic lane. Fatigue or drunk driving can also cause a driver to drift into oncoming traffic. One of the reasons head-on collisions are so deadly is that the forward motion of both vehicles at the time of the crash increases the force of the collision, and therefore the severity.

T-bone accidents

T-bone car accidents occur when the front of one vehicle strikes the side of another. Also known as broadside accidents or side-impact collisions, T-bone collisions generally occur in an intersection when one driver has failed to yield the right-of-way to another driver. These types of crashes in South Carolina can result in severe injury, with the highest risk of injury posed to individuals sitting on the side of the vehicle that is struck. T-bone crashes are particularly dangerous when there is a large size discrepancy between the vehicles involved in the collision. For example, the severity of a broadside crash is likely to be much greater if the crash involves a small passenger car being struck broadside by a commercial truck rather than two similarly-sized vehicles colliding. For more on these crashes, see our truck accident lawyers page

Sideswipe accidents

Sideswipe accidents occur when the side of one vehicle makes contact with the side of another vehicle. This type of accident often occurs while one vehicle is attempting to pass another vehicle. Upon overtaking the other vehicle, the driver of the passing vehicle then attempts to re-enter the travel lane and fails to ensure that they have enough space to re-enter the lane without colliding with the vehicle they overtook. Sideswipe accidents can also occur when one vehicle drifts into an adjacent travel lane or during a lane change when the driver has failed to ensure that the lane is clear.

Rear-end collisions

Rear-end collisions are one of the most common types of two-car accidents and involve the front of one vehicle making contact with the rear of another. Following too closely, also known as tailgating, is the most common reason for this type of accident. Vehicles require a certain distance to come to a safe stop. If a driver is following another vehicle too closely, they may not have enough time to notice the lead vehicle suddenly braking or enough distance to bring the car to a safe stop before a collision occurs.

Rollover accidents

Rollovers can be tripped or untripped. In tripped rollovers, the tire area of the vehicle struck something such as another vehicle, a median, or a guardrail, which resulted in the car rolling over. In untripped rollovers, the vehicle rolled as the result of other factors, often a high center of gravity combined with too much speed and a sharp corner. Either type of rollover is more likely for vehicles with high centers of gravity, such as SUVs, vans, pickups, or commercial trucks.

Single-car accidents

When only one vehicle is involved in an accident, it is referred to as a single-car accident. This term can be misleading, because crashes in which a vehicle strikes a pedestrian or bicyclist are also called single-car accidents. These crashes can occur when a vehicle strikes an object, such as a person, bicycle, parked car, or tree, or can involve the vehicle leaving the roadway due to driver impairment, fatigue, or an attempt to avoid a collision with another vehicle.

Chain reaction/pileup accidents

If three or more vehicles are involved in an accident, it is often referred to as a chain-reaction crash. Accidents involving several vehicles are considered pileups. Inclement weather is often a factor in this type of accident. Generally, chain-reaction accidents occur when two vehicles are involved in a collision and either the force of the collision pushes the front car into other vehicles, or a collision creates a blockage in the roadway that other vehicles can’t avoid.

These crashes happen on busy corridors across the state, including I-26, I-95, I-85, and US-17. Knowing the type of crash helps your attorney decide which evidence to preserve and which parties to investigate.

What Causes Car Accidents in South Carolina?

The most common causes of car crashes in South Carolina are impaired driving, driver fatigue, distracted driving, speeding, unfamiliarity with the roadway, aggressive driving or road rage, and failure to yield. Most come down to human error, which means most are preventable.

Just as there are many types of auto accidents, there are many reasons they occur. Some common causes of a car crash in South Carolina include:

Impaired driving: Drunk driving crashes result in the deaths of more than 10,000 people each year in the U.S. Contrary to popular belief, alcohol impairment doesn’t begin when the person reaches the legal limit of 0.08 blood alcohol concentration. Instead, it begins with the first drink, and the impacts on a person’s ability to safely operate a motor vehicle become more pronounced as impairment increases.

Driver fatigue: Drowsy driving is linked to hundreds of deaths and thousands of injuries each year. The most common cause of driver fatigue is insufficient rest, and those at the highest risk of causing an accident due to fatigue are night shift workers and long-haul truck drivers who are often working during their body’s natural sleep cycle. Sleep apnea, a breathing condition in which breathing temporarily pauses several times during sleep, is also a frequent cause of fatigued driving.

Distracted driving: Driving distractions are anything that pulls the driver’s attention away from the safe operation of their motor vehicle. The CDC describes three categories of distraction: manual, which is anything that causes the driver to take their hands from the wheel; visual, which is anything that draws the driver’s eyes from the task of scanning the roadway; and cognitive, which is anything that takes the driver’s mind and focus away from driving.

Speeding: Driving too fast for the conditions is also a common cause of car accidents. Speeding not only reduces the amount of time a driver has to perceive and respond to a roadway hazard but also requires additional distance for the vehicle to stop after the driver has engaged the brakes. Speeding also increases the force and severity of the collision and causes the vehicle’s protective features, including airbags and seat belts, to work less effectively.

Unfamiliarity with the roadway: Unfamiliarity with South Carolina traffic laws and the roadway can result in a driver making careless errors such as darting across several travel lanes to make a rapidly approaching exit or performing a U-turn in an unauthorized location. It can also lead to wrong-way crashes if a driver fails to see one-way road signs.

Road rage/aggressive driving: Often used interchangeably, the terms road rage and aggressive driving actually refer to two different, and dangerous, driving practices. Aggressive driving often occurs in heavy traffic congestion and can include driving behaviors such as speeding, tailgating, improper lane changes, and red light running. Road rage involves attempting to punish another driver by yelling, honking, deliberately tailgating, or refusing to let a driver pass.

Failure to yield: Failure to yield the right-of-way is often a driver error that takes place at an intersection by running a red light or stop sign, and is another major cause of car accidents in South Carolina and the rest of the nation. Other failure-to-yield accidents occur when an individual pulls out of a private driveway or parking lot without ensuring that there is a sufficient gap in traffic in which to do so.

When one of these driver errors causes a crash, the injured person can seek compensation from every party whose conduct contributed to it. Identifying all contributing causes early makes the claim stronger.

Common Injuries After a South Carolina Car Crash

Car crashes in South Carolina commonly cause whiplash, broken bones, head injuries, spinal injuries, internal injuries, and psychological trauma. Some symptoms do not appear until hours or days after the crash.

Whiplash and soft tissue injuries

Sudden impact strains the neck, back, and shoulders. Pain often builds over several days.

Broken bones

Arms, ribs, hips, and legs can fracture on impact with the dashboard, door, or steering wheel. Many fractures need surgery and months of rehabilitation.

Head injuries and concussions

Rapid movement can injure the brain even without a direct blow. Headaches, confusion, and memory problems are warning signs.

Spinal cord and back injuries

These range from herniated discs to paralysis. Severe cases fall under our catastrophic injury practice.

Internal injuries

Bleeding and organ damage may not show outward signs at first.

Psychological trauma

Anxiety, sleep problems, PTSD, and fear of driving are common after a serious crash.

Adrenaline can hide pain at the scene, so get checked the same day. Medical records created right away link your injuries to the crash and support every part of your claim.

What to Do After a Car Accident in South Carolina

After a car accident in South Carolina, you should call 911, seek medical attention, document the scene, exchange information, avoid giving a recorded statement to any insurer, and contact an attorney. Here are the steps in detail.

Call 911 and report the crash. Ask for police and medical help. South Carolina law requires drivers to notify police right away when a crash causes injury or death. If officers do not investigate and the crash caused injury, death, or $1,000 or more in property damage, you must file a written report (Form FR-309) with the SCDMV within 15 days.

Get checked by a doctor the same day. Gaps in treatment give insurers a reason to dispute how serious your injuries are.

Photograph everything. Capture the vehicles, license plates, skid marks, traffic signals, road conditions, and your injuries before anything is moved.

Exchange information. Collect the other driver’s name, contact details, driver’s license number, insurance company, policy number, and vehicle registration. Get contact details for any witnesses.

Say little to insurers. Notify your own insurer, but do not give a recorded statement or accept a payment from the other driver’s insurer before you speak with an attorney.

Save your records. Keep medical bills, repair estimates, and proof of missed work. Avoid posting about the crash on social media.

Contact Hughey Law Firm. Early help preserves evidence, such as surveillance video and vehicle data, before it is overwritten. See our after-accident checklist for a complete reference.

The first few days after a crash shape both your recovery and your claim. Each step above protects your health first and your right to compensation second.

You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.

Car Accident Claims in South Carolina

A car accident claim is a civil claim for compensation against the at-fault driver. It is usually pursued first through that driver’s insurer and, if needed, in court.

Those who are injured by someone else’s careless or reckless actions can recover compensation after a car accident through a car accident claim. If the claim does not settle, it becomes a lawsuit filed in civil court, in which you and your attorney must prove the at-fault party’s liability. We work quickly to establish liability. We do this by showing that the at-fault party owed a duty of care, such as driving safely and legally, to the injured person, the at-fault party breached that duty of care, and the breach caused the crash and resulted in expenses.

Evidence that helps prove fault includes:

The police report and any citations issued

Photos and video of the scene, vehicles, and injuries

Witness statements and contact details

Medical records and bills tied to the crash

Vehicle data, repair estimates, and nearby surveillance footage

Some of this evidence disappears quickly, which is why timing matters as much as the filing deadline below.

Filing Deadline

In South Carolina, car accident victims generally have three years after the injury occurs to file a car accident lawsuit under S.C. Code § 15-3-530. If you miss this deadline, you may not recover the money you deserve. To avoid missing any critical deadlines, it is important to contact an experienced attorney at our firm immediately. Even if you believe you’ve missed the deadline, there are exceptions you may not know about. Let us work on your injury case and help you explore all your legal options.

Damages You May Recover

The damages victims may be eligible to seek in a car accident case in South Carolina include:

Medical expenses.
Future medical expenses and rehabilitation costs.
Loss of wages due to being too injured to work or forced to miss work to attend injury-related medical appointments.
Loss of future earning capacity, if the injury results in a permanent disability and the injured person cannot do the same work as before the accident.
Property damage, such as the cost of repairing or replacing the injured person’s vehicle.
Physical pain and suffering.
Loss of companionship or consortium, which is collected on behalf of the injured person’s spouse due to loss of physical intimacy or companionship caused by the severity of the victim’s injuries.
Mental or emotional distress.
In some cases in which the defendant’s carelessness or recklessness was particularly egregious, your attorney may also seek to recover punitive damages that are not related to the injuries you suffered but are instead designed to punish the at-fault driver for their behavior.
Inconvenience.

Which of these damages apply depends on your injuries and how they affect your work and daily life. Your attorney will document each category before settlement talks begin.

Who Can Be Held Liable for a South Carolina Car Crash?

Liability can fall on the at-fault driver, the driver’s employer, a business that illegally served alcohol, a parts manufacturer, or a government agency responsible for a road defect. More than one party often shares fault.

Car crashes in South Carolina are often not simple events caused solely by a single person’s actions. Depending on the facts, responsible parties may include:

Other drivers

Drivers of vehicles that were not struck, but whose actions contributed to the crash.

The driver’s employer

The company that employs the at-fault driver, such as a delivery or commercial carrier, when the crash happened on the job.

Alcohol sellers

A bar, restaurant, or store that illegally served alcohol to a visibly intoxicated person or someone under 21 who then caused the crash. These rules changed in 2026, as explained below.

Parts makers and distributors

Product liability laws require manufacturers and distributors to make sure their products are safe when used properly, so a defective part can create liability.

Government entities

An agency responsible for maintaining a roadway can be liable when an unmarked defect caused the crash. These claims fall under the South Carolina Tort Claims Act, which has its own procedures and damage limits.

Naming every responsible party matters because each may carry a separate insurance policy that can pay part of your losses.

South Carolina Laws That Affect Your Car Crash Claim

Four rules shape most South Carolina car crash claims: modified comparative fault, minimum insurance and uninsured motorist coverage, limits on seat belt evidence, and 2026 changes to joint and several liability.

Modified Comparative Fault

South Carolina follows a modified comparative negligence rule, set by the state Supreme Court in Nelson v. Concrete Supply Co. You cannot recover if you are found more than 50% at fault, meaning your negligence is greater than the other driver’s. If you are 50% or less at fault, your award is reduced by your percentage. For example, if a jury finds you 20% at fault and awards $100,000, you receive $80,000. Insurers often argue that you share the blame, so strong evidence of who did what is essential.

Insurance and Uninsured Motorist Coverage

South Carolina requires every auto policy to carry at least $25,000 in bodily injury coverage per person, $50,000 per crash, and $25,000 in property damage, plus uninsured motorist coverage at the same limits, according to the South Carolina Department of Insurance. The state is fault-based and does not require personal injury protection (PIP), so injured drivers usually claim against the at-fault driver’s policy. Medical payments and underinsured motorist coverage are optional add-ons that can help. Because minimum limits rarely cover a serious injury, finding every policy is critical, including your own. See our page on claims against your own insurance for more.

Seat Belt Evidence

Not wearing a seat belt is a traffic violation. Under S.C. Code § 56-5-6540(C), however, a seat belt violation is not negligence per se or contributory negligence and is not admissible as evidence in a civil action. In most cases, the other driver’s insurer cannot use it to reduce your recovery.

2026 Changes to Joint and Several Liability

Effective January 1, 2026, South Carolina’s Act 42 (H. 3430) reformed the state’s joint and several liability rules and changed requirements for businesses that serve alcohol. These changes can affect how damages are divided and collected when more than one party is at fault, and they may apply differently depending on your crash date. An attorney can explain how the current law applies to your case.

Together, these rules decide how much you can recover and from whom. Knowing them early helps you avoid mistakes that cost money.

Wrongful Death Claims After a Car Accident in South Carolina

When another party’s negligence causes a fatal crash in South Carolina, the estate’s executor or administrator can file a wrongful death lawsuit on behalf of the family, generally within three years of the date of death.

Losing a loved one, particularly one who has provided care and support for other members of the family, is an emotionally and financially devastating event. The family members of an individual who has been killed in a car accident as the result of someone else’s carelessness or recklessness can seek compensation through a wrongful death lawsuit.

In South Carolina, wrongful death lawsuits can be filed by an administrator or executor of the decedent’s estate on behalf of the family members. As with car accident lawsuits, wrongful death claims hinge on the ability to prove liability and you must pay close attention to the statute of limitations for wrongful death in South Carolina. Generally, you must file a wrongful death lawsuit within three years after the date of death.

Some of the damages that can be recovered through this type of claim or lawsuit include:

Medical expenses incurred during treatment of the deceased’s final injuries.
Funeral and burial expenses.
Loss of income.
Loss of care and affection.
Emotional distress experienced by the family members due to the deceased’s unexpected death.

Hughey Law Firm can help you and your loved ones through this difficult time. We will work with you to explore your legal options, offering compassionate guidance throughout the legal process. To learn more, visit our wrongful death practice page.

How an Attorney Can Help After a Car Crash

An attorney can value your claim, find every source of insurance, preserve evidence, negotiate with insurers, and take your case to trial if a fair offer is not made.

Here is what that work looks like in practice:

Establishing the full value of your case, including future costs
Determining all sources of liability and insurance resources
Collecting evidence and deposing witnesses
Negotiating with the liable party’s insurance company and explaining the pros and cons of any offer
Filing paperwork on time in the proper court
Attending pre-trial conferences and hearings
Presenting your case in court and continuing to represent you if the defendant appeals
Assisting you in collecting your settlement or award

Handling these tasks lets you focus on medical care while your legal team deals with insurers and the court.

Let the Hughey Law Firm’s South Carolina Car Accident Attorneys Help

Hughey Law Firm offers free case evaluations to crash victims across South Carolina, with fees taken only from a recovery.

Auto accidents resulting in death or injury cause an incredible amount of fear and stress. Let our experienced team help ease some of that stress by helping you understand the legal options that are available to you.

We represent injured people in Charleston, Columbia, Myrtle Beach, North Charleston, and throughout South Carolina. Learn more about our South Carolina personal injury lawyers.

For a free case evaluation, contact us online or call (843) 881-8644.

Related Practice Areas

South Carolina Drunk Driving Accident Lawyers

South Carolina Lyft Accident Attorneys

South Carolina Passenger Injury Lawyers

South Carolina Rear-End Collision Lawyers

South Carolina Uber Accident Attorneys

Frequently Asked Questions About South Carolina Car Accident Lawyers

What if my injuries appear days after the crash?

Tell your doctor the symptoms began after the crash and keep a record of the dates. Delayed pain is common with whiplash and concussions, and prompt medical records create the link to the crash.

If you were injured in a car crash, let us provide answers to your legal questions. For a free case evaluation, contact us now.

What if the other driver does not have insurance?

Your own uninsured motorist coverage, which South Carolina requires on every auto policy, may pay for your losses up to its limits. Underinsured motorist coverage, if you purchased it, may fill the gap when the other driver’s limits are too low.

I was offered a quick settlement. Would it be easier to just accept that amount?

It may be easier now, but it is rarely wise. A quick offer seldom accounts for future treatment or lost income, and once you accept, you cannot ask for more.

The liable party offered to pay me not to file a claim with their insurance. Should I accept?

No. You may never receive the money, and it may not cover your expenses. Collect the driver’s information and file your claim through the proper channels.

The liable party in my automobile accident was arrested for drunk driving. Can I still sue?

Yes. A criminal case seeks to punish the driver, while your civil claim seeks compensation. The two proceed separately, and one does not prevent the other.

How long does it take to settle a motor vehicle accident case in South Carolina?

There is no set timeline. Insurers often settle only when a trial looks likely, and some cases settle while the trial is underway.

What is the average car accident settlement?

There is no average. Value depends on the liable party’s insurance coverage, your age and health before the crash, the severity of your injuries and treatment, and how much work you miss.

If I hire an attorney, does that mean my case is going to court?

Usually not. According to the American Bar Association, most injury cases settle before a verdict, and many settle before trial begins. Your attorney should be ready for both negotiation and trial.

Do I need an attorney to seek compensation in my case?

Yes, especially after a serious injury. A South Carolina car accident attorney can value your claim, find all insurance coverage, gather evidence, negotiate, and file suit on time.

My spouse, parent, or child was killed in a car crash. Is there compensation available for me?

Possibly. An estate’s executor or administrator can file a wrongful death lawsuit for the family, generally within three years of the date of death.

I was partially responsible for my car crash. Does this prevent me from filing a claim?

Not necessarily. If you are 50% or less at fault, you can recover compensation reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover.

Can there be more than one source of liability in my motor vehicle accident?

Yes. Other drivers, an employer, a bar that overserved a driver, a parts maker, or a government agency may share fault.

How do I prove that someone else was liable for my car accident injuries?

You must show the other party owed you a duty of care, breached it (for example, by speeding), and caused your injuries and expenses. Police reports, photos, witness statements, and medical records are the usual proof.