South Carolina Law about Car Accidents
South Carolina has a large set of laws designed to prevent car accidents. The South Carolina Code of Laws has its own chapter dedicated to “The Rules of the Road” at S.C. Code Ann. § 56-5-10 et. seq. When an at-fault driver causes a car accident by not only being negligent but also violating South Carolina’s Rules of the Road, that driver has been “negligent per se” and can be held responsible under the law.
After a car accident, it is important to consult a personal injury attorney to fully understand your legal rights. Knowing your legal rights can help you secure fair compensation and confidently navigate insurance claims and legal proceedings.
Any experienced Greenville car accident lawyer knows that most car accidents arise out of violations of the same rules. At The Melonakos Law Firm, we understand these laws, we know how to cross-examine at-fault drivers about them, and we know how to get the trial judge to explain these rules to a jury. When a personal injury case goes to trial, an experienced attorney can help you navigate your personal injury case in accordance with South Carolina law. We take care to select jurors who are familiar with the driving laws and understand why following them is important.
Some of the more commonly-violated South Carolina driving laws in car accident cases include:
- S.C. Code Ann. § 56-5-1930 – Following too closely (i.e., rear-ending another vehicle)
- S.C. Code Ann. § 56-5-3230 – Failing to use due care
- S.C. Code Ann. § 56-5-2920 – Driving in reckless disregard for the safety of others
- S.C. Code Ann. § 56-5-1810 – Crossing the center line into oncoming traffic
- S.C. Code Ann. § 56-5-1900 – Failure to maintain lane (changing lanes before it is safe to do so and hitting the vehicle in the next lane)
- S.C. Code Ann. § 56-5-950 – Failure to obey traffic signal (i.e., running a red light)
- S.C. Code Ann. § 56-5-2320 – Failure to yield when turning left
- S.C. Code Ann. § 56-5-3130 – Failure to yield to a pedestrian in a crosswalk
- S.C. Code Ann. § 56-5-3435 – Failure to pass a bicycle at a safe distance
- S.C. Code Ann. § 56-5-2930- Driving under the influence of alcohol or other drugs
- S.C. Code Ann. § 56-5-1220 and 1230 – Hit and Run
- S.C. Code Ann. § 56-5-1520 – Speeding or Driving Too Fast for Conditions
Why Choose Us for Your Car Accident Lawyers?
At The Melonakos Law Firm in Greenville, South Carolina, our expert automobile accident lawyers help clients put their health and financial lives back in order. We take on the insurance companies or at-fault parties to earn the compensation you need.
Your job is to heal and move on to the next phase of your life. We handle the rest, as you can see from our client testimonials. This allows you to stop worrying and focus on recovery.
We work on a contingency fee basis, so you do not pay unless we recover compensation for you.
We have significant experience handling car accident cases. Our legal team includes a former insurance defense attorney, giving us unique insight into the insurance process and strategies to maximize your recovery. With experience in more than 30 trials, we will not hesitate to fight for your rights in court if necessary.
Common Causes of Car Accidents in Greenville, SC
Auto accidents and motor vehicle accidents are unfortunately common in Greenville and throughout South Carolina, affecting thousands of drivers each year. Automobile accidents have many causes, and many of them involve driver errors. When looking at South Carolina car accidents, common contributing factors include:
- Distracted driving: This may involve texting, talking on a cell phone, operating a GPS, adjusting a stereo, talking to passengers, eating, or any activity that pulls the driver’s attention away from the road.
- Driving under the influence: Driver impairment that leads to wrecks can be caused by alcohol, drugs, or even prescription medications.
- Speeding: According to the laws of physics, the faster a vehicle is traveling, the longer it takes to stop to avoid an accident, making speeding a major cause of traffic crashes.
- Aggressive driving: This is a combination of driving behaviors, including speeding, erratic lane changes, failure to yield the right-of-way, and failure to obey traffic signs and signals.
- Drowsy driving: According to the National Safety Council, drivers who are fatigued are three times more likely to be involved in an accident.
- Elderly driver impairment
- Inexperienced or teen drivers – Teenage drivers crash at higher rates than older drivers, and South Carolina parents can be held liable for a teenager’s car accident under doctrines like family purpose and negligent entrustment.
- Adverse weather conditions and poor road maintenance – Potholes, soft shoulders, debris in the roadway, and other road maintenance issues can trigger collisions. Crashes can also occur due to low visibility in rain, sleet, snow, and other dangerous weather conditions.
- Tailgating – When drivers follow too closely, they may not have enough room and time to respond when traffic in front of them slows down or stops.
- Reckless driving – South Carolina law defines reckless driving as operating a vehicle with “willful or wanton disregard” for the safety of other people and property. Examples include excessive speeding, weaving in and out of lanes of traffic, and street racing.
- Vehicle defects – Worn tires, faulty brakes, engine trouble, improperly attached trailers, and other vehicle defects can contribute to accidents.
- Failure to yield – Crashes may happen if a driver fails to slow down or stop at yield signs, when making a left turn, or when others have the right of way.
Motorcyclists face particular danger from inattentive drivers. Learn why it matters to check for motorcycles when changing lanes and how overlooking this step can cause serious crashes.
Understanding the causes of motor vehicle accidents and auto accidents is crucial for establishing liability and seeking compensation after a crash.
