Columbia
Car Accident Lawyer in Columbia

Were you injured in a crash with another vehicle? Was the incident caused by the other driver’s negligence or recklessness? The consequences of this can be life-altering, not only physically and emotionally but also legally and financially.

It can also be disorienting to realize how stressful the aftermath of the collision is when the crash wasn’t your fault. In the wake of a car incident, the legal process can feel overwhelming, but a car accident lawyer in Columbia at John Foy & Associates can help. 

We have 350 years of combined experience and counting. Founded in 2003, our attorneys have recovered more than $1 billion in compensation, and we can represent you as your  Columbia personal injury lawyer. We’re here to stand by your side.  

South Carolina Is a Fault-Based Car Accident State

South Carolina operates under a fault-based system for car accidents. This means that the driver who is responsible for causing the accident is also financially liable for any resulting damages.   

As a victim, you may pursue compensation through the at-fault driver’s insurance, your own insurance in specific cases, or by filing a personal injury lawsuit. Establishing liability is essential in these claims and often hinges on evidence of negligence or traffic law violations.

Your car accident attorney in Columbia will work to determine who caused the crash and what evidence supports that conclusion. Proving fault often involves identifying the following negligent actions:

• Running a red light or stop sign
• Speeding or driving aggressively
• Texting or using a phone while driving 
• Driving under the influence of alcohol or drugs
• Failing to yield or check blind spots when merging or turning

Modified Comparative Negligence in South Carolina

South Carolina uses a modified comparative negligence system under S.C. Code § 15-38-15. This rule allows an injured party to recover compensation even if they are partially at fault, as long as their share of fault is less than 51%.

If you’re found to be partially responsible for the collision, your compensation will be reduced by your percentage of fault. For example, if you are 25% at fault for a crash and your damages are $100,000 in total, your recovery would then be reduced by $25,000.

However, if you are found to be 51% or more at fault, you cannot recover any damages under South Carolina state laws. A Columbia car accident lawyer can help you assess how fault may be assigned and the way it might impact your ability to recover.

Insurance Requirements in South Carolina

South Carolina requires all drivers to carry liability insurance with the following minimum coverage limits:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage

In addition, South Carolina requires drivers to carry uninsured motorist (UM) coverage in equal amounts, which is designed to protect you if an uninsured driver hits you. 

Drivers can also purchase underinsured motorist (UIM) coverage, medical payments known as MedPay, or collision insurance for added protection.

If the at-fault driver’s coverage is insufficient when it comes to fully compensating your losses, you may be eligible to file a lawsuit for the remaining damages.

Common Injuries Resulting from Car Accidents

The severity of injuries that victims sustain in a car crash will vary based on the nature and force of the collision. In general, these are common injuries stemming from car-related collisions:

• Traumatic brain injuries (TBI)
• Spinal cord injuries or paralysis
• Broken bones or fractures
• Internal injuries and organ damage
• Burns, lacerations, and road rash
• Permanent scarring or disfigurement
• Emotional trauma and PTSD

Some injuries may not present symptoms right away. That’s why it’s important to reach out to medical professionals who can check you out and create detailed records of your condition following the crash. 

Economic and Non-Economic Damages

Under South Carolina law, car accident victims may pursue economic and non-economic damages as part of their personal injury claim.

These are potential economic damages you might be able to recover:

• Past and future medical expenses 
• Lost wages or loss of earning potential
• Property damage, like vehicle repairs or replacement 
• Rehabilitation and physical therapy 
• Travel and out-of-pocket costs  

Meanwhile, these are examples of non-economic damages:

• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Loss of consortium for surviving spouses 

South Carolina does not impose damage caps on all personal injury claims unless the case involves a government defendant or falls under specific statutory exceptions.

Punitive Damages in South Carolina Car Accident Cases

In rare situations involving willful or reckless conduct—such as drunk driving or street racing cases—punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

Under S.C. Code § 15-32-530, punitive damages are generally capped at three times the amount of compensatory damages or $500,000. It depends on which value is greater. 

However, this cap may not apply in DUI-related cases or where the defendant acted with intent to cause harm. Columbia car accident attorneys can clarify whether or not this applies to your case. 

Time Limits for Filing a Car Accident Lawsuit in South Carolina

South Carolina’s statute of limitations for filing a car accident lawsuit is three years from the date of the collision. This deadline applies to both personal injury cases and property damage claims.

If your accident involves a government entity—such as a city vehicle or a poorly maintained public roadway—you may have additional notice requirements and shorter filing deadlines under the South Carolina Tort Claims Act.

Failing to meet the applicable deadlines can result in your claim being dismissed, so it’s important to speak with car accident lawyers in Columbia as soon as possible. 

Contact Our Car Accident Law Firm in Columbia for Legal Advice and Representation Today

It’s not easy to face the aftermath of a car-related collision, but if you or a loved one has been injured in a crash, we want you to know that you don’t have to try to figure everything out on your own. Instead, reach out to John Foy & Associates for legal advice and guidance. 

Our Columbia car accident lawyers are ready and willing to fight for the justice you deserve after what you had to endure. We’re here to pursue fair compensation on your behalf, and you can count on us to be your advocate every step of the way.