First Steps After a Car Wreck in North Charleston
Medical care comes first. Delegate the rest.
- Call 911 if anyone's badly hurt.
- Get evaluated promptly. Follow the plan.
- North Charleston spans three counties. Ask which agency came.
- Photograph injuries as they heal.
- Photograph both cars, the lanes, the signals.
- Get the other driver's insurer and policy number.
- Collect witness numbers.
- Bills, stubs, insurer letters: one folder.
- Ask questions before you sign.
Where Wrecks Happen in North Charleston
I-26 carries commuters and freight straight through North Charleston, crossing I-526 near the airport. Rivers Avenue, Ashley Phosphate Road and Dorchester Road see nonstop turns into shopping centers, gas stations and apartment entrances. Freight trains still cross Rivers Avenue, and a long train can stop traffic.
South Carolina Law on Car Accidents
Time to File
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, and opening an insurance claim does not stop it.3 Read more about how long you have to file.
Government Vehicles
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.4 Lawsuits under the Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed under the Act.5 There could be caps on damages, depending on the facts of the case.2
Shared Fault
Partly to blame? You may still recover. See how the shared fault rule works.
What May Be Recovered
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
Our statewide page explains how car accident claims work.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
How you're doing matters as much as how it happened. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. Hit by a big rig? See our North Charleston truck crash page.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- 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.2
- 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.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 car that hit me on Rivers Avenue kept going. Is there coverage?
Call police right away. Write down everything about the car and driver. 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.7
The other driver blames me too. Can I still recover?
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, and your damages are generally reduced by your percentage of fault.8
Do I even have a case?
A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.9 Reports, photos and medical records help answer that.
What do I bring to the first call?
Whatever's handy. Report, photos, both insurers' info, medical bills. Gaps are normal.
Do I have to come downtown to the King Street office?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. We can also come to you, whether that's a hospital room, your home or another place that's easier.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-3-20 and 15-3-530
- 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.
