First Steps After a Car Wreck on Johns Island
If you were taken from the scene by ambulance, let a spouse, parent or friend take over the paperwork. Your job is treatment.
- Call 911 and follow the medical plan. Tell the dispatcher which road you are on and the nearest crossroad. After the ER, show up for every follow-up, scan and therapy visit.
- Track down the report. Learn which agency came to the scene and ask how to request a copy. Keep any card or number the officer gave you.
- Document the injuries. Photograph bruising, stitches and casts now and again as they change. Someone can also photograph both vehicles, lane lines, signals and the road edge.
- Write down names. Get the other driver's name, insurer and policy number, plus a phone number for anyone who stopped.
- Keep one folder. Hospital bills, pharmacy receipts, pay stubs and any insurer letters go in the same place.
- Ask before you sign anything. Plenty of people speak with a lawyer before signing papers from an insurer.
Roads Where Island Wrecks Happen
Most trips on and off Johns Island cross the Stono River, either on Maybank Highway toward James Island or on Main Road toward US-17. The Maybank Highway and River Road light backs up at rush hour, and Pitchfork Road carries some of that traffic around it. Farther south, Bohicket Road and Betsy Kerrison Parkway carry drivers headed for Kiawah and Seabrook, many of them in unfamiliar rental cars.
Work zones near the Main Road and US-17 interchange bring lane shifts that can change from week to week. On rural stretches, the shoulder is narrow and a ditch often runs close to the pavement.
Time Limits for Filing
South Carolina gives most injured people three years to file a personal injury lawsuit.1 That limit applies to the court filing itself, so a pending insurance claim does not hold it open.2
A crash with a state or local government driver who was on the job may fall under separate rules.4 Under the South Carolina Tort Claims Act, the usual window is two years, though a qualifying verified claim can stretch it to three years.5 Damages against a government defendant can also be capped by statute.3 See how long you have to file and the statewide page on South Carolina car accident claims.
Being partly to blame does not always end a claim. Read about how shared fault works.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Possible Compensation
Depending on the facts, an injured person may seek money for medical bills, lost pay, reduced ability to earn, pain and suffering, and other losses tied to the wreck. What is available depends on the evidence, the injuries, the insurance in place and South Carolina law.6 Nobody can promise a particular result.
Talk With Us About Your Crash
We would like to hear how the wreck happened, how your recovery is going and what is weighing on you. If you hire us, the insurers can usually deal with us. Then we can go over your options together.
Our office is on King Street in downtown Charleston, across the Stono from Johns Island. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone.
If a big rig or work truck was part of the wreck, see Johns Island truck crashes. Call us and walk us through what happened.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.3
- Under the South Carolina Tort Claims Act, claims over a government employee's on-the-job conduct generally go against the agency, not the employee, unless the employee acted outside their duties or with actual malice, intent to harm, fraud, or certain crimes.4
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.5
- Depending on the circumstances, a person injured in a crash may be able to seek compensation for medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, and other losses recognized by South Carolina law. The amount and types of compensation available depend on the evidence, the injuries, the available insurance coverage and South Carolina law. No particular recovery can be promised.6
- Under S.C. Code § 38-77-170, an uninsured motorist claim involving an unidentified driver may qualify when there was physical contact, qualifying independent-witness evidence, or a recording showing that the unknown vehicle caused the injury or damage. The accident must also be reported to an appropriate police authority within a reasonable time, and the claimant must not have been negligent in failing to identify the vehicle and driver. The recording alternative was added effective May 20, 2024.7
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.8
- A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.9
Frequently Asked Questions
The driver who hit me on the island never stopped. Is there anything I can do?
Report it to police as soon as you can and write down anything you noticed about the car or driver. Uninsured motorist coverage may help after a hit-and-run in South Carolina, but a claim over a driver no one can identify comes with its own legal requirements.7 A lawyer can look at your policy and talk through what proof may matter.
The other driver says I caused part of the wreck. Can I still recover?
You may. South Carolina uses modified comparative negligence, so any share of fault assigned to you can lower what you recover. Against a single defendant, a person found more than 50% at fault generally recovers nothing.8 A lawyer can go over the evidence with you.
How do I know whether I have a claim at all?
It generally turns on whether someone was negligent, whether that negligence caused your injuries, and what losses followed.9 The crash report, photos, witness names and your medical records all help answer those questions.
What should I have ready for the first call?
Whatever you have is enough to start. That might be a report number, pictures, the other driver's insurance card, your own policy, hospital bills or letters from an adjuster. Missing pieces can be gathered later.
Who has the report if the wreck was on Maybank Highway?
It depends on the exact spot. Part of the island is inside Charleston city limits and part is county, and the Highway Patrol may work crashes on state roads. If you are not sure, a lawyer can help you find out.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-78-20(b) and 15-78-70
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-32-210 et seq. (punitive damages); South Carolina tort decisions on compensatory damages
- S.C. Code § 38-77-170, as amended by 2024 Act No. 180 (H.4869), § 7 (effective May 20, 2024)
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); S.C. Code § 15-38-15
- Elements of negligence under South Carolina law, as stated in Sean Hall's Nov 5 review notes
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
