Knowing the key steps to take after a car accident before an accident occurs is important, especially when there are serious injuries. However, we know what a shock auto accidents can be in the moment and when least expected, which is why we’re detailing your go-to guide for what to do after a car accident in South Carolina below. Car accidents are the main incident in which most personal injury issues arise, and they often require the expertise of a car accident attorney as there are complex car accident laws and insurance issues involved that shouldn’t be handled on your own.
In this quick guide, we’ll not only cover the key steps to take after a car accident in SC, we’ll also cover when to get an attorney for a car accident and other common questions clients ask following a car accident.
9 Steps to Take After a Car Accident in SC (Especially If There Are Serious Injuries)
Wondering what to do after a car accident in South Carolina? Follow our quick 9-step guide.
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Step 1: Don’t Leave the Scene
Whether your accident is minor or serious, do not leave the scene of the accident until you have exchanged contact information with those involved. If police have responded to the accident, make sure to speak with them before leaving so you are not at risk of being charged for a hit-and-run.
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Step 2: Check for Injuries
If you or someone else has been seriously injured, you or someone else needs to call 911. Stay put – whoever is seriously injured should try not to move until emergency services arrive and can assess them.
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Step 3: Get to Safety
If possible, all of the people and vehicles involved in the car accident need to be moved to the side of the road or as far as possible out of the flow of traffic.
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Step 4: Call 911
Once you have safely moved out of danger, call 911 to contact law enforcement, even if you believe it is a minor accident. They will file an accident report and document the scene, which can help determine who is at fault and provide more information to your insurance company.
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Step 5: Don’t Admit Fault
Following an accident, it can be easy to become overwhelmed and admit fault. Do not admit fault following an accident. There are many factors in a car accident, and there may be traffic laws or regulations you are unaware of.
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Step 6: Document the Accident
There is a lot of information you will need to obtain to fully document the accident. This includes: names, addresses, driver’s license numbers, license plate numbers, vehicle types, and insurance information. If there were passengers or witnesses, collect their contact information as well.
Take photos of the damage to the cars involved, the surrounding scene, and any injuries you or others incurred during the accident. These photos should include vehicle damage, road hazards, traffic signs, skid marks, and anything else important for the accident scene. You’ll also want to write down the name and badge number of any law enforcement that responds to the accident, as well as request a copy of the accident report.
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Step 7: Notify Your Insurance
If possible, contact your insurance company while you are at the scene of the car accident. This can help you obtain all the information needed to file and process your claim quickly and efficiently. If your car is not safe to drive, your insurance company can also help you have it towed to a certified body shop. If you are seriously injured and cannot contact insurance right away, be sure to notify them as soon as possible following the accident.
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Step 8: Get Medical Attention
Whether your injuries are immediately apparent or you begin to notice them in the days following the car accident, seek medical attention for any car accident injuries sustained. You can seek medical attention through your local emergency room, an urgent care office, or your family doctor. The important piece to remember is to seek medical care for your car accident injuries.
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Step 9: Consult a Trusted Car Accident Attorney
The legal guidance and attention from an experienced car accident attorney can be very helpful following a car accident. But whether or not your car accident was minor, when to get an attorney for a car accident may not be up to you. Others who are affected by the car accident may obtain legal counsel, leading you to also consult a lawyer as well.
An experienced South Carolina car accident attorney’s expertise can:
a) Help you better navigate the insurance claim process,
b) Negotiate with the insurance company on your behalf,
c) Review your case and help to properly determine fault,
d) Place someone on your case that knows your state’s laws and has your best interest as their main focus.
How Do You Document Injuries After a Car Accident in SC?
To document car accident injuries, take clear, well-lit photos of the damage to the cars involved, the surrounding scene, and any injuries you or others incurred during the accident. If you have bruises, cuts, swelling, scars, etc. be sure to take photos of all injuries, and continue taking photos of all of those visible injuries as they change over time (i.e. bruises change colors, scars heal, etc.). You should also keep a pain journal to document your levels of pain and how they are affecting your daily life, ability to work, sleep, etc. This record can be vital for proving “pain and suffering” from the auto accident.
By seeking immediate medical attention, your doctor can also help to medically document all injuries obtained from the accident. You should also personally collect all medical records, bills, receipts, and any other expenses related to the car you received due to the auto accident.
What Information Do I Need After a Car Crash in South Carolina?
There is a lot of information you will need after a car crash in SC. This includes: names, addresses, driver’s license numbers (and the issuing state), license plate numbers, vehicle types and VINs, and insurance information. If there were passengers or witnesses, collect their contact information as well.
In addition, be sure to collect contact information for the police involved (the responding officer’s name, badge number, and the official incident/accident report number). Finally, as detailed above, be sure to document thorough photos and videos of the accident scene.
Do You Have to File a Police Report for an Accident in SC?
Yes, car accident laws in SC state you must file a police report following a car accident. Under S.C. Ann. § 56-5-1260, drivers involved in a car accident that causes injury or death must immediately contact law enforcement. If the car accident is not reported, you risk having your license suspended or criminal charges.
Do You Have to Turn in an Accident Report to the DMV SC?
Car accident laws in SC also require you to submit an accident report to the SC DMV if damages exceed $1000 or the car accident results in injury or death. Similar to not reporting a car accident to law enforcement, if you do not report a car accident to the SC DMV, you may face license suspension or criminal charges.
What is the Statute of Limitations for an Auto Accident in South Carolina?
In South Carolina, you have three years from the date of your car accident to file a lawsuit for serious car accident injuries or damages. However, it is best to contact a car accident attorney who can help you understand certain time limitations and exceptions or other specific car accident laws that may apply to your car accident and personal injury case.
How Do You Determine Fault in a Car Accident?
To determine fault in a car accident, many factors are involved. Your personal injury lawyer can help investigate the cause of the accident and use evidence to demonstrate the fault of the other driver. A person can only be deemed negligent or at fault for a car accident by a judge or jury.
A person becomes liable following a car accident if their actions are deemed careless or thoughtless or they failed to act when a reasonable person would have acted.
Many states, including South Carolina, now look at the comparative fault of the drivers involved in a car accident. For example, if you’re found to have contributed 25% to the cause of the accident and the defendant is 75% at fault, the defendant will likely only be responsible for 75% of your damages. In South Carolina, if you are less than 50% responsible for the car accident, you can file a claim against the driver that caused the accident.
Speak with your auto accident attorney to better understand how the car accident laws in South Carolina can affect your case.
When to Get An Attorney for a Car Accident
We recommend hiring an attorney immediately after a car accident to help you assess your injuries, your losses, and explore next steps available to you. There is of course no law mandating that you must hire an attorney after a car accident, but if you choose to seek legal counsel and representation, you can focus on your health and recovery while also pursuing legal action. You do have the right to hire legal representation at any time throughout the insurance claim process or while pursuing a personal injury lawsuit.
While hiring a lawyer does not guarantee a specific outcome for your case, they can help investigate the crash, gather evidence to demonstrate the other driver’s negligence and help to determine fault, and take care of negotiations with insurers on your behalf. This can help you focus on your physical and mental recovery while they handle the legal process.
Contact Our Experienced Car Accident Attorneys in Beaufort, SC to Get Legal Help Now
Even while knowing the key steps to take after a car accident, consulting an experienced car accident attorney can help save you time and stress following an accident. You should absolutely consult an attorney right away especially if you’re dealing with serious car accident injuries. Many of the top rated auto accident attorneys in Beaufort, SC work in our personal injury department and would be an asset to your auto accident case.
Harvey and Battey is your full service law firm in Beaufort, SC with over 100 years of experience and a strong reputation. With Harvey and Battey, you get the personalized attention of a small firm combined with the knowledge and resources of a large firm. Our attorneys have years of experience in many practice areas such as personal injury, family law, real estate, estate planning, and more.
Contact us now below today to schedule your initial consultation with one of our personal injury attorneys in Beaufort, SC regarding your specific circumstances and learn how we can be your law firm for life.