Car Accident Attorneys in Columbia, SC

You thought it could never happen to you. But, now you may be lying in a hospital bed, unable to work, and with a totaled car. You might have injuries you never imagined.

Whether it is due to intoxication, distracted driving, or speeding, drivers sometimes take careless actions that can have serious consequences for other drivers, passengers, motorcyclists, pedestrians, and more. When an auto accident destroys your life, turn to the attorneys with the experience and legal savvy to help obtain full and fair compensation from the at-fault party.

For years, Peake & Fowler has been helping car accident victims like you recover the money they need after a serious crash. Our South Carolina car crash attorneys are here to help you navigate the complex legal maze of personal injury claims. The insurance company is not on your side. We are.

Determining Fault in a Car Accident

The Police Report

Most insurance companies start by looking at the police report. It should contain information about where the accident occurred, what the police officer observed, and what both drivers say occurred.

Physical Evidence

There are several types of physical evidence that can also be helpful in crash investigations. If you provide pictures and video footage of the crash scene, your insurance adjuster will look at those. They may also look at the evidence provided by the other party. In addition to looking for damage to the vehicles, they will look for other evidence.

Drivers’ Testimony and Eyewitness Testimony

Insurance companies rely heavily on testimony from the drivers involved in the crash. However, this is exactly why you have to be careful about who you talk to and what you say. The other party’s insurance company may ask for your side of the story or even request a recorded statement.

By investigating the accident and consulting with experts when necessary, they can make a case that the other party’s insurance company cannot deny. The more proof they have backing up their claim, the more difficult it is for the insurance company to avoid paying out a fair settlement.

If you find out that you have to wait for an investigation before you can pursue compensation, don’t stress about it. It’s a normal part of the process that can actually make it easier to get the full and fair compensation you deserve.

Common Causes of Auto Accidents in South Carolina

Auto accidents are a regrettable reality on South Carolina roads, leading to injuries, fatalities, and significant financial burdens. While the specific circumstances of each crash vary, several common factors consistently emerge as primary contributors. Understanding these causes is crucial for promoting safer driving habits and advocating for necessary improvements in infrastructure and enforcement.

Distracted Driving

In our increasingly connected world, distracted driving has become an epidemic, and South Carolina is no exception. This dangerous behavior encompasses anything that takes a driver’s attention away from the road, including texting, talking on a cell phone, eating, drinking, adjusting the radio, or interacting with passengers.

The lure of smartphones, in particular, has created a generation of drivers who are constantly tempted to glance down, even for a split second. What many fail to realize is that even a brief moment of inattention at highway speeds can lead to devastating consequences. A car traveling at 60 miles per hour covers 88 feet per second. Looking away for just five seconds to read a text means traveling the length of a football field without observing the road ahead.

Alarmingly, statistics consistently show that younger drivers are the most susceptible to this dangerous habit. Drivers aged 15 to 19 represent the demographic most likely to drive while distracted.

This could be attributed to a combination of inexperience, a greater reliance on technology, and perhaps a false sense of invincibility. However, distracted driving is not limited to any age group; it’s a pervasive problem that affects drivers of all ages and experience levels. The consequences are severe, ranging from minor fender-benders to catastrophic multi-vehicle collisions, often resulting in serious injuries or fatalities.

Speeding

Speeding is a perpetual problem on South Carolina roads, and its link to accident severity is undeniable. The faster a vehicle is traveling at the moment of impact, the greater the force of the collision and, consequently, the more severe the damage and injuries. High-speed accidents can literally tear vehicles apart, leaving them completely totaled. For occupants, the impact can lead to life-threatening injuries, including traumatic brain injuries (TBIs) from the brain impacting the skull, internal bleeding from organ damage, spinal cord injuries leading to paralysis, and severe fractures.

Beyond the increased severity of injuries, speeding also dramatically reduces a driver’s ability to react to unexpected hazards. It takes a longer distance to stop a car traveling at a higher speed, and the driver has less time to perceive and process information. This means a speeding driver may not be able to avoid a sudden obstacle, a pedestrian stepping into the road, or a vehicle unexpectedly braking ahead.

While drivers may feel that exceeding the speed limit saves them time, the reality is that the few minutes saved are simply not worth the immense risks associated with high-speed travel. Speed limits are established for safety, taking into account road conditions, visibility, and typical traffic flow.

Drunk Driving

Driving under the influence of alcohol or drugs remains one of the most reckless and fatal decisions a person can make on the road. Despite decades of public awareness campaigns and stringent laws, intoxicated driving continues to claim lives and cause immense suffering in South Carolina. Alcohol impairs a driver’s critical faculties in numerous ways.

 Reaction times are significantly slowed, making it difficult to respond to sudden changes in traffic or unexpected hazards. Vision becomes blurred or distorted, reducing the ability to accurately perceive distances and identify potential dangers. Concentration is severely diminished, leading to a reduced ability to focus on the task of driving and process multiple pieces of information simultaneously.

The consequences of drunk driving are often devastating. Intoxicated drivers are frequently involved in multi-car accidents, causing a chain reaction of collisions. They may veer off the road, striking pedestrians or bicyclists, who are especially vulnerable. In the worst cases, drunk drivers are responsible for the tragic deaths of innocent motorists, leaving behind a trail of grief and irreversible damage. The choice to get behind the wheel after consuming alcohol or drugs is not just irresponsible; it’s a criminal act that endangers everyone on the road.

Drowsy Driving

Often underestimated in its prevalence and danger, drowsy driving is a far more common contributing factor to accidents than many realize. Driving while fatigued or drowsy can be just as dangerous as, if not more dangerous than, driving under the influence of alcohol.

When a driver is drowsy, their alertness, reaction time, judgment, and awareness are all significantly impaired. Microsleeps, which are brief, involuntary periods of sleep lasting from a fraction of a second to several seconds, can occur without the driver even being aware of them. During these microsleeps, the driver is completely unresponsive to their surroundings, effectively driving blind.

Surveys and studies consistently highlight the alarming frequency of drowsy driving.

For instance, a significant percentage of respondents in various surveys admit to having fallen asleep at the wheel at some point in their lives, with a disturbing number admitting to it within the past year. These statistics underscore the pervasive nature of this problem. Factors contributing to drowsy driving include insufficient sleep, long work hours, shift work, untreated sleep disorders, and certain medications.

Recognizing the signs of fatigue – yawning, frequent blinking, heavy eyelids, difficulty remembering the last few miles driven – is critical. If a driver experiences these symptoms, the safest course of action is to pull over to a safe location and rest before continuing their journey.

Aggressive/Reckless Driving

Aggressive and reckless driving behaviors are a clear and present danger on South Carolina’s roads, significantly elevating the risk of collisions. This category encompasses a wide range of dangerous actions that demonstrate a disregard for traffic laws and the safety of other road users. While excessive speeding is a prime example, aggressive driving extends to numerous other perilous maneuvers.

Tailgating, where a driver follows another vehicle too closely, leaves insufficient time to react to sudden stops. Weaving erratically between lanes or over the center line creates unpredictable movements and forces other drivers to take evasive action.

Illegal and dangerous passing maneuvers, such as passing on the shoulder or in no-passing zones, put both the aggressive driver and oncoming traffic at extreme risk. Running stop signs and red lights, often in an attempt to save a few seconds, can lead to devastating T-bone collisions at intersections.

Illegal turns, such as U-turns in prohibited areas or turning without yielding the right-of-way, disrupt traffic flow and create hazardous situations. Street racing, a particularly egregious form of reckless driving, not only endangers the participants but also innocent bystanders and other motorists. These behaviors are not only illegal but also demonstrate a fundamental lack of respect for traffic safety and the lives of others on the road.

Third Parties

While most accidents are attributed to the actions of the drivers directly involved, a significant contributing factor in some motor vehicle accidents involves third parties who are not physically present in the vehicles.

These external factors often relate to the condition of the road itself or the vehicles involved. For example, poorly maintained roads with dangerous conditions can directly lead to accidents. Potholes, large cracks in the pavement, uneven surfaces, or missing signage can all create hazardous situations that drivers may not be able to avoid, especially at higher speeds or in adverse weather conditions.

When a vehicle hits a deep pothole, it can cause a tire blowout, loss of control, or damage to the steering mechanism, all of which can lead to a crash. Similarly, large cracks can cause vehicles to swerve or lose traction.

Beyond road conditions, other third-party factors can include defective vehicle parts. A manufacturing defect in brakes, tires, airbags, or steering components can cause a vehicle to malfunction unexpectedly, leading to an accident even if the driver is operating the vehicle safely.

In such cases, the vehicle manufacturer or the component manufacturer could be held liable. Additionally, inadequate road design, poor lighting, or obscured traffic signals can contribute to accidents, potentially pointing to the responsibility of government entities or contractors. While these factors may not involve driver error, they are crucial to consider when investigating the full scope of an accident’s causation.

How Common Are Distracted Driving Accidents?

Distracted driving is quickly becoming a national epidemic, and here are some of the most disturbing statistics that underscore this fact:

• About 9 people are killed each day and more than 1,000 individuals are injured in crashes involving distracted drivers;
• More than 80% of motorists admit to distracting behavior while driving;
• In one survey, 56% of respondents admit to using their cell phones while driving;
• Distracted driving is the direct cause of nearly 60% of all crashes that involve teen drivers;
• Teenage drivers between the ages of 16 and 19 are most likely to drive while distracted;
• A teen driver with at least one additional passenger in the car is twice as likely to be involved in a fatal accident as a teen driver with no passengers;
• Car crashes are now the number one killer among teens in the US;
• Drivers are 8 times more likely to be involved in a crash when reaching for an object, and three times more likely to crash while eating or drinking when they drive;
• Distracted driving costs our society approximately $40 billion each year.

Types of Car Accidents:

Head-On Collisions

In recent decades, medians and other types of barriers have been installed in many urban and suburban roads to help prevent head-on auto wrecks. Despite the progress that has been made, countless undivided roads remain, particularly in rural areas.

Head-on crashes can occur because of either deliberate or inadvertent actions. Some of the most common causes include:

• Failed Passing Maneuvers: On an undivided two-lane road, it is tempting to pass a vehicle in front of you that is driving slower than you want to go. Impatience can lead to poor driving decisions, however, like trying to pass the vehicle in front of you while an oncoming car is approaching from the other direction.
• Speeding: Driving too fast, especially on an undivided, winding rural road can quickly become hazardous if you encounter an oncoming vehicle from around the bend. Speeding gives you less time to slow down and ensure that you are staying in your lane when you pass by the other car.
• Reckless Driving: Reckless driving (S.C. Code § 56-5-2920) is defined as driving in a manner that indicates “a willful or wanton disregard for the safety of persons or property.” In other words, the driver commits deliberate or unruly acts without any boundaries or limitations. In South Carolina, this is a misdemeanor offense that carries the possibility of up to 30 days in jail. But when a reckless driver’s actions cause severe injuries to others, the criminal penalties the driver is subject to provide very little comfort to injury victims and their families.
• Inclement Weather: Poor driving conditions can lead to head-on collisions. Some examples include high winds and heavy rain. Snow and ice are not as common in South Carolina, but occasionally, temperatures drop below 32 degrees while it is raining, creating icy road conditions.
• Entering the Wrong Direction on a Freeway Ramp: As mentioned earlier, head-on crashes can be caused by a motorist who enters a freeway ramp while driving in the wrong direction or drives the wrong way down a one-way street. This type of move is usually inadvertent and tends to occur at night when it is more difficult to see the road signs.
• Mechanical Defects/Failures: Vehicles are more complexly designed than ever before. The latest models have sophisticated computer systems designed to keep us safer. The problem with these complicated systems is that, when they break down while driving, it can become a hazardous situation for occupants of the vehicle and others they share the road with.

Rear-End Collisions

Rear-end collisions are among the most common types of auto accidents. A rear-end collisions rarely result in fatalities, but serious injuries are possible. One of the most common is known as whiplash. Whiplash occurs when the neck is jolted beyond its normal range of motion, resulting in the muscles and ligaments to become strained. Whiplash can occur even when a vehicle is struck at low to moderate speeds, and this condition can sometimes result in chronic or permanent disability. When occupants of the front vehicle are struck at higher speeds, more severe injuries can occur, such as traumatic brain injury (TBI), broken bones, and many others.

Rollover Accident Attorneys in Columbia, SC

The information provided highlights the significant dangers associated with rollover accidents, particularly involving SUVs, light trucks, and vans, which are popular family vehicles in South Carolina. These vehicles, due to their inherent design characteristics such as higher ground clearance and elevated center of gravity, possess a greater susceptibility to rolling over compared to standard passenger cars. While these design features offer benefits like enhanced visibility and cargo space, they unfortunately compromise stability during certain driving conditions.

The physics behind this increased risk involve the vehicle’s weight distribution and the lateral forces exerted during maneuvers. A higher center of gravity creates a larger torque around the vehicle’s roll axis, making it easier for tires to lose traction and the vehicle to tilt. The USDOT emphasizes the concept of “tripping,” where a sideways-sliding vehicle encounters an obstacle like a curb or uneven pavement, abruptly halting lateral movement on one side and generating the rotational force that leads to a rollover.

While the vehicle’s design contributes to the risk, various factors and driver actions can act as catalysts for rollover accidents, including:

• Speed: Excessive speed amplifies lateral forces during turns or evasive maneuvers.
• Sharp Turns and Abrupt Maneuvers: Quick lane changes or swerving can destabilize vehicles with a higher center of gravity.
• Driver Error: Inexperienced or distracted driving can lead to overcorrection and drastic steering inputs.
• Road Conditions: Uneven surfaces, potholes, and soft shoulders can act as tripping hazards.
• Vehicle Load: Heavy or improperly secured cargo, especially on the roof, raises the center of gravity.
• Tire Conditions: Underinflated or worn tires reduce traction and increase the risk of losing control.

The consequences of rollover accidents are often severe, leading to significant injuries such as head trauma, spinal cord injuries, and ejection due to compromised roof and cabin integrity.

If you or a loved one has been involved in a rollover accident in Columbia, South Carolina, understanding your legal rights is crucial. Given the complexities surrounding these types of accidents, which can involve issues of vehicle design, driver negligence, and road conditions, seeking the guidance of experienced rollover accident attorneys in Columbia, SC is highly recommended.

Rollover accident attorneys are knowledgeable about:

• Investigate the accident thoroughly: This includes analyzing police reports, witness statements, and vehicle data to determine the cause of the rollover.
• Assess potential liability: This could involve identifying negligent drivers, but also potentially holding vehicle manufacturers or other responsible parties accountable if design flaws or other factors contributed to the accident.
• Navigate complex legal procedures: Rollover accident cases can be intricate, requiring a deep understanding of personal injury law in South Carolina.
• Negotiate with insurance companies: Insurance companies may attempt to minimize payouts, and an attorney can advocate for your rights to ensure fair compensation.
• Represent you in court: If a fair settlement cannot be reached, experienced trial attorneys can present your case effectively in court.

Seeking legal counsel promptly after a rollover accident in Columbia, SC, can provide you with the support and representation needed to pursue justice and fair compensation for your injuries, medical expenses, lost wages, and other damages.

Remember, understanding the heightened risks associated with certain vehicles and the potential for severe consequences underscores the importance of both safe driving practices and access to experienced legal representation when the unthinkable occurs.

What should you do if you are in a car accident in South Carolina?

There are some very simple steps to take after an accident:

1. Call the police and 9-1-1.
2. Do not admit any fault to the other driver or law enforcement.
3. Go to the hospital for injury treatment, even if you feel fine in the moment.
4. Call your insurance company and report the accident.
5. Follow up with your doctors.
6. Keep all medical records and bills.

Additional things to do after a car accident:

Don’t Say Too Much to the Other Driver

After you realize that you and everyone else in your car has survived, you’ll likely feel a huge surge of relief. This may cause you to say a little too much to the other driver—in particular, apologies or other statements that accept blame for the accident. The opposite can also happen. If you are angry and full of adrenaline after the crash, you could lash out at the other driver and damage your potential claim. Try to keep the conversation minimal until the police arrive.

Stay Off of Social Media

In this day and age, it’s tempting to share everything on social media. Remember, though, the other party’s insurance company will be watching you. Posting an update on the accident on your Facebook page may seem innocent enough, until a friend comments “Nice, time for a sweet insurance payout!!” You know they’re joking and respond with a laughing emoji. The insurance company is more than willing to use that as “proof” that you are going to use the accident to scam them out of extra money. On top of that, any posts you make about your activities or work may be used by the insurance company to show that you aren’t as injured as you claim.

Don’t Rush Through the Settlement Process

This is a big risk when the other party is clearly at fault. When one party is obviously to blame for the accident, their insurance company will move quickly to get the other party to settle before they realize the extent of their injuries. If you accept their first or second offer, you’ll likely be leaving a lot of money on the table. Even worse, it’s unlikely you’ll have enough to cover your medical bills and related expenses.

Do Not Pass on Medical Care

It’s very common for injured drivers to skip out on medical care, mostly because they don’t want to get hit with a massive bill after all is said and done. However, don’t underestimate the real dangers of car accidents. It’s likely that you are more injured than you know, and you’ll need proof of medical care to link your injuries to the accident. On top of that, some injuries require immediate treatment. Whether you go in an ambulance, drive yourself to the emergency room, or go to urgent care, make sure you get a full medical workup after your accident.

Do Not Handle Your Claim Alone

It’s tempting to handle your claim with the insurance company directly—especially once the insurance company tells you that you’ll need to give a cut of your settlement to the attorney who handles your case. However, don’t make a short-sighted decision. While part of your settlement does go to your attorney, your attorney is capable of negotiating a much higher settlement than you can negotiate on your own. They understand the complexity of personal injury cases, the challenges they’ll come up against with the insurance company, and everything the insurance company will do to try to drive down the value of your claim. Once the insurance company realizes they have to negotiate with your attorney, not with you, they are far more likely to negotiate in good faith.

South Carolina is a tort liability state, which means the not-at-fault person can pursue a claim against the at-fault party. South Carolina is also a comparative negligence state, which means you can be barred from collecting for the percentage you contributed to the accident.

What Types of Compensation are Available in an Accident Injury Case?

There are two general types of compensatory damages that you can pursue in an accident injury claim:

Economic/Special Damages

These are direct economic losses that apply specifically to the injured person and can be linked directly to the accident:

• Medical Costs: All expenses associated with treating your injury and your subsequent recovery; such as the cost of the ambulance, emergency room treatment, hospitalization, surgeries and other procedures, follow-up medical appointments, physical therapy and other types of rehabilitation, and in the case of a permanent and debilitating injury, the cost of ongoing medical care.
• Lost Earnings: Getting injured in an accident often requires you to miss some time from work. You should be reimbursed for all of your lost wages for the time in which you are unable to work because of your injury.
• Property Damage: Damage to your vehicle or any other property that occurred because of the accident.

Noneconomic/General Damages

These are intangible losses that generally happen to all accident victims that suffer moderate to severe injuries. Examples include:

• Pain-and-Suffering: The legal system allows you to seek damages for the pain and suffering you have to endure.
• Emotional Distress: There is also the anxiety, sleepless nights, and depression that is often associated with an injury like this. You should be able to recover compensation for this as well.
• Diminished Quality of Life: If the crash leaves you unable to participate in activities you once enjoyed, you can seek compensation for the decrease of quality of life that you have experienced.
• Disfigurement and Permanent Injury: If you suffer disfigurement, loss of limbs, loss of senses, permanent brain damage, and other permanent changes to your body, you can seek compensation for the ways in which these changes impact your life.

Punitive Damages

Also known as “exemplary damages”, punitive damages are awarded in more limited cases in which the actions of the party (or parties) responsible for the accident were willful, malicious, fraudulent, or grossly negligent. The intent of this award is to punish the wrongdoer and to help serve as a deterrent against similarly egregious actions in the future.

The Advantages of Hiring a Car Accident Attorney in Columbia, SC

They Help You Traverse the Columbia, SC Legal Landscape

Following a car accident, you may find yourself facing a confusing web of insurance claims, police reports, and potential legal liabilities. A car accident attorney in Columbia, SC, possesses extensive knowledge and an in-depth understanding of South Carolina’s traffic laws and legal procedures to guide you through this challenging time. They can help you understand your rights and obligations, ensuring you don’t inadvertently compromise your claim.

They Help Protect Your Rights and Interests

Insurance companies often prioritize their bottom line and may attempt to minimize payouts or deny claims altogether. A car accident attorney acts as your advocate, protecting your rights and ensuring your interests are represented. They can communicate directly with the insurance company on your behalf, handling negotiations and preventing you from saying or doing anything that could harm your case.

They Help Maximize Compensation

A skilled car accident attorney in Columbia, SC, understands the full extent of damages you may be entitled to. This includes not only obvious costs like medical bills and vehicle repair but also less apparent losses such as lost wages, future medical expenses, pain and suffering, and emotional distress. They will meticulously gather evidence, consult with experts if necessary, and build a strong case to maximize your compensation.

They Will Investigate Your Accident Thoroughly

Determining fault is crucial in a car accident case. An attorney can conduct a thorough investigation into the accident, gathering evidence such as police reports, witness statements, photographs, and accident reconstruction analysis. This investigation can uncover crucial details that may strengthen your claim and establish liability.  

They Help Provide Peace of Mind After Your Accident

Dealing with the aftermath of a car accident can be incredibly stressful and overwhelming. Hiring a car accident attorney in Columbia, SC, can alleviate this burden. They will handle the legal complexities, allowing you to focus on your recovery and well-being, knowing that your case is in capable hands.  

They Have Access to Legal Resources and Experience

Car accident attorneys have a network of resources and a deep understanding of legal precedents and strategies. They can anticipate potential challenges and develop effective solutions to protect your claim. Their experience in handling similar cases provides invaluable insight into the best course of action for your specific situation.

They Will Represent You in Court

While many car accident cases are settled out of court, sometimes litigation becomes necessary to achieve a fair outcome. A car accident attorney in Columbia, SC, will be prepared to represent you in court, presenting your case effectively and advocating fiercely for your rights before a judge and jury.

Speak with a hard-hitting auto accident lawyer in Columbia right away

Most people do not know their rights. They don’t know how to handle negotiations with an insurance company. They are not sure how to get every penny they deserve. That is where the Columbia car accident attorneys at Peake & Fowler come in. Our tenacious legal team is ready to fight for you. Call us today at 803-788-4370 or complete our contact form to arrange your no-cost, no-obligation initial consult.

We also handle car accident cases in St. Andrews.