The sudden and tragic loss of a loved one in a car accident can be devastating. Alongside the emotional turmoil, your family can face legal and financial challenges that seem overwhelming. If you have lost someone in a fatal car accident in Charleston, you need more than just sympathy—you need experienced help from a Charleston fatal car accident lawyer.
A Charleston car accident lawyer from Shelly Leeke Law Firm can guide you through the legal process, advocate for your rights, and help secure the compensation necessary to rebuild your life. Our attorneys have been helping injured clients in South Carolina for over a decade. Contact us today to schedule a free consultation and learn how we can help your family after the tragic loss of your loved one.
Fatal Car Accidents in Charleston
Unfortunately, our Charleston personal injury lawyers know that fatal car accidents are not uncommon in Charleston and the surrounding areas. South Carolina consistently ranks as one of the states with the highest rates of traffic fatalities per capita, with one fatal accident every 8.6 hours, according to the Department of Public Safety’s 2022 South Carolina Traffic Collision Fact Book.
The combination of congested roadways, tourist traffic, and risky driving behaviors like speeding or driving under the influence creates a dangerous environment for drivers, passengers, and pedestrians.
Common Causes of Fatal Car Accidents
Fatal car accidents can occur for various reasons, many of which are preventable. According to the National Highway Traffic Safety Administration (NHTSA), South Carolina drivers ranked third worst in the nation. Some of the most common causes of fatal car accidents in Charleston include:
- Distracted driving: Distracted driving includes activities like texting, using a GPS, eating, or talking on the phone while driving. Even a brief distraction can lead to a catastrophic accident.
- Speeding: There are at least three reasons why speeding can lead to serious South Carolina car accidents and significantly increase the risk of fatal accidents. Speeding reduces a driver’s ability to react to unexpected situations, and the higher the speed, the more severe the impact in a collision.
- Driving under the influence (DUI): Driving while intoxicated by alcohol or drugs is a major contributor to fatal car accidents. According to the Department of Public Safety, DUI-related crashes account for 43% of all 2022 South Carolina traffic fatalities.
- Reckless driving: Aggressive behaviors like tailgating, excessive lane changing, or running red lights can lead to fatal accidents. These behaviors are especially dangerous on Charleston’s busy roadways.
- Poor road conditions: While not as common, hazardous road conditions due to poor maintenance, weather, or construction can contribute to fatal car accidents. Government agencies or private companies may sometimes be held accountable for failing to maintain safe roadways.
- Vehicle defects: Defective vehicles or faulty parts can also lead to deadly accidents. If a car’s brakes, airbags, or other critical systems fail due to a manufacturing defect, the manufacturer or distributor could be held responsible for the accident.
The Legal Process After a Fatal Car Accident in Charleston
If you lose a loved one in a fatal car accident, your immediate concerns will naturally be emotional and personal. However, the legal process begins shortly after the accident, and it is important to understand what happens next and how a fatal car accident attorney in Charleston can help you. Here is how our lawyers at Shelly Leeke Law Firm can help you:
Investigating the Accident
One of the first steps in any fatal accident case is a thorough investigation to determine the cause of the crash. This investigation may involve several steps. These steps include:
- Reviewing police reports: Law enforcement will typically create a detailed report of the accident, including witness statements, photographs, and citations issued at the scene.
- Accident reconstruction: In more complex cases, we may employ an accident reconstruction expert to recreate the accident based on evidence like skid marks, vehicle damage, and witness testimony.
- Gathering evidence: Our Charleston fatal car accident attorneys will gather additional evidence that may be relevant to your case, such as traffic camera footage, GPS data, or toxicology reports.
In some cases, it may be necessary to file a wrongful death lawsuit to preserve critical evidence. This is one reason why contacting a fatal car accident lawyer in Charleston as soon as possible is crucial. We will investigate your claim, review your legal options, and discuss how much your wrongful death lawsuit is worth.
Filing a Wrongful Death Lawsuit
In South Carolina, the surviving family members of a person killed in a car accident can bring a wrongful death claim against the at-fault party. The South Carolina Wrongful Death Act, found in Chapter 51 of the South Carolina Code of Laws, allows certain parties to recover damages when someone dies from another person’s wrongful act, neglect, or default. Typically, the personal representative of the deceased person’s estate is responsible for bringing the claim on behalf of surviving family members, including a spouse, children, surviving parents, or other heirs, as outlined by South Carolina’s intestacy laws.
Damages That You Can Recover With the Help of a Charleston Fatal Car Accident Attorney
In a fatal Charleston car accident case, you may recover various types of damages. A wrongful death lawsuit compensates surviving family members for the economic and non-economic losses suffered due to your loved one’s death. These damages can include:
- Medical bills: You can recover any medical expenses incurred before the person passed away, such as emergency room treatment or surgery.
- Funeral and burial costs: Your family can seek compensation for the costs associated with laying your loved one to rest.
- Lost income and financial support: If the deceased provided for your family, the lawsuit can seek damages for lost wages, benefits, and future financial support that the deceased would have contributed.
- Pain and suffering: A wrongful death lawsuit can also compensate for the emotional toll of losing a loved one. This includes your family’s grief, mental anguish, and loss of companionship.
- Punitive damages: In rare cases where the at-fault party’s actions were particularly reckless or intentional, you may be awarded punitive damages to punish the wrongdoer and deter similar conduct.
Being aware of the statute of limitations for South Carolina wrongful death lawsuits is crucial. Generally, you have three years from the accident date to file a lawsuit; however, this deadline may be shorter in certain circumstances. It is crucial to act promptly because failing to file within the statute of limitations can result in the court dismissing your case.
Shelly Leeke Law Firm Can Help Your Family Get Justice
Losing a loved one in a fatal car accident is a devastating experience that no family should have to endure. If you have lost a loved one in a fatal car accident, do not wait to seek legal advice.
Contact Shelly Leeke Law Firm’s Charleston fatal car accident lawyers today to discuss your options and begin the journey toward healing and justice.
