Car accidents are terrifying, disorienting, and often life-altering. Whether it’s a minor fender bender near King Street or a catastrophic crash on I-26, knowing what to do in the crucial moments after an accident can make the difference between a smooth recovery and a long, painful struggle.
In Charleston, South Carolina, where fatal and serious car accidents are on the rise, understanding your legal and practical responsibilities is more important than ever.
Step-by-Step Actions to Take Immediately After a Car Accident
1. Ensure Safety First and Call 911
The very first priority after a crash is safety—for yourself, passengers, and others on the road. South Carolina law mandates that accidents involving injury, death, or property damage over $1,000 must be reported.
- Tip: Leaving the scene before police arrive can lead to hit-and-run charges—even if you think the damage is minor.
2. Move to a Safe Location
If the car is operable and you’re not seriously injured, move it to a safe area like a shoulder or side road. This is especially critical in high-traffic areas like US-17, I-26, or I-526 where secondary accidents are common.
3. Call Police and File a Report
Don’t skip this step. A police report serves as an official record and will be crucial if legal or insurance disputes arise. The report typically includes:
- Names and statements from all drivers
- Any citations issued
- Witness information
- Scene details like skid marks, lighting, and road conditions
4. Document Everything at the Scene
Take photographs and videos of:
- Vehicle damage
- Road and weather conditions
- Traffic signs/signals
- Visible injuries
Exchange driver’s license, insurance, and contact information with all parties. If there are witnesses, get their statements and contact details too.
Medical Care: Even If You Feel Fine, Don’t Skip It
Symptoms like whiplash, internal bleeding, or concussions can appear hours or even days – later. South Carolina has seen an increase in delayed injury claims, making early medical attention essential.
- Document Everything: Keep all prescriptions, medical bills, diagnostic scans, and follow-up visit records.
- Why It Matters: These documents are crucial when filing insurance claims or legal action to recover damages.
Notify Your Insurance Company But Tread Carefully
You’re required to report the accident to your insurance provider. However, be factual and concise never speculate or admit fault.
- Avoid Recorded Statements Without Legal Advice: Insurance adjusters may use your words against you.
- Include Supporting Documents: Police report, photos, repair estimates, and medical records all strengthen your claim.
South Carolina requires drivers to carry minimum liability insurance, and uninsured motorist coverage is also mandatory. If the at-fault driver lacks insurance, your own policy may still cover you
Understand Your Legal Rights in South Carolina
Comparative Negligence Rule
South Carolina follows a comparative negligence system. If you are less than 51% at fault, you can still recover damages. However, your compensation will be reduced by your degree of fault.
Statute of Limitations
You have three years from the accident date to file a personal injury or property damage lawsuit. Missing this deadline could eliminate your ability to seek compensation.
When to Contact a Charleston Car Accident Attorney
According to experts at Taylor Anderson Law and Kahn Law Firm, you should consider hiring an attorney if:
- You suffered a serious injury or long-term disability
- You’re facing high medical bills or lost wages
- The insurance company is denying or delaying your claim
- Fault is disputed by the other party
- A loved one died in the accident
A knowledgeable attorney will help you:
- Investigate the crash thoroughly
- Handle all communications with insurers
- Calculate the full extent of your damages
- Negotiate or litigate for maximum compensation.
What If the Accident Was Fatal?
Tragically, Charleston sees a significant number of fatal car wrecks each year. If a loved one is killed in a crash, the steps are slightly different but equally vital. Here’s what families should do:
Steps After a Fatal Accident
- Confirm Fatality & Call Emergency Services
- Ensure a Police Report Is Filed
- Notify Family Members with Compassion
- Make Funeral Arrangements (May Be Covered in a Lawsuit)
- Preserve All Scene Evidence (Photos, vehicle parts, witness contacts)
- Avoid Speaking to Insurance Companies Directly
- Consult an Attorney for a Wrongful Death Claim
Damages you may recover include:
- Funeral and burial expenses
- Medical bills incurred before death
- Pain and suffering of the deceased
- Loss of companionship or income
- Emotional suffering for surviving family.
Watch Out for Manufacturers
If mechanical failure contributed to the accident (e.g., faulty brakes, airbags), you might be able to sue the manufacturer under product liability laws.
Common Mistakes to Avoid After a Car Accident
- Leaving the scene before the police arrive
- Failing to seek immediate medical treatment
- Admitting fault prematurely
- Accepting the first insurance offer
- Posting about the accident on social media
These missteps can seriously hurt your claim or even open you up to legal risk.
Why Legal Help Is Worth It
Charleston personal injury attorneys emphasize that insurers are not on your side. They’re focused on minimizing payouts. A skilled legal team can:
- Assess the true value of your damages
- Fight back against lowball offers
- Represent you in court if needed
- Ensure you don’t miss critical deadlines
Most firms including all three cited in this blog – offer free consultations and work on a “no win, no fee” basis.
Need Legal Help in Charleston?
Reach out to these trusted Charleston law firms:
They are available 24/7 to guide you through your next steps. Because when life crashes—what you do next matters most.