After a car accident, contact a Charleston car accident lawyer. As a trusted Charleston personal injury lawyer, Shelly Leeke Law Firm has supported many people in recovering damages from those who caused them injury.
We can help you to get through this process with confidence and compassion.
Choosing a Car Accident Lawyer in Charleston Is a Critical Decision
Have you sustained injuries in a car accident that was not your fault? Maybe a car came out of nowhere and crashed into you, for example. Now, all you are left with is hospital visits, expensive treatment bills, and property repair costs for your car’s damage.
If the description above fits your current situation, you might be eligible for financial compensation. You need an experienced Charleston car accident lawyer who has decades of experience maximizing the outcome for their clients.
Consult a Charleston personal injury lawyer at Shelly Leeke Law Firm to discuss your rights in your automobile accident case.
Our team at Shelly Leeke Law Firm has decades of experience working to maximize the recovery of car accident victims throughout South Carolina. Let us put this experience to work for you.
Contact us for a free consultation today to get started, and review some things to consider before hiring an injury lawyer in Charleston to prepare before your call.
Charleston Car Accident Lawyer Fighting for Your Rights
If you or a loved one has been injured in a car accident in Charleston, you may be facing mounting medical bills, lost wages, and the stress of dealing with insurance companies. At Shelly Leeke Law Firm, we understand the devastating impact that a crash can have on your life. Our experienced Charleston car accident attorneys are dedicated to helping victims secure the compensation they need to recover. Whether your accident was caused by a distracted driver, a hit-and-run, or a rideshare vehicle, we are here to fight for your rights.
Charleston Distracted Driving Accident Lawyer
Distracted driving is one of the leading causes of accidents in South Carolina, often resulting in devastating injuries. Whether a driver was texting, eating, or adjusting their GPS, their negligence can cause serious harm. Shelly Leeke Law Firm is committed to holding distracted drivers accountable and helping victims recover compensation for their medical bills, lost wages, and pain and suffering.
Charleston Drunk Driving Accident Lawyer
When a driver chooses to get behind the wheel while intoxicated, they put everyone on the road at risk. Drunk driving accidents often lead to severe injuries or fatalities, leaving victims and their families struggling to recover. At Shelly Leeke Law Firm, we aggressively pursue justice for those harmed by impaired drivers, seeking maximum compensation for their losses.
Charleston Fatal Car Accident Lawyer
Losing a loved one in a car accident is an unimaginable tragedy, especially when it’s caused by another driver’s negligence. Families deserve answers, accountability, and financial support to cope with their loss. Shelly Leeke Law Firm provides compassionate legal guidance in wrongful death claims, helping families secure justice and compensation for their devastating loss.
Charleston Head-On Collision Accident Lawyer
Head-on collisions are among the most dangerous types of crashes, often leading to catastrophic injuries or fatalities. These accidents frequently result from reckless driving, fatigue, or impairment. Shelly Leeke Law Firm helps victims and their families navigate the legal process, ensuring they receive the compensation they need to rebuild their lives.
Charleston Highway Accident Lawyer
High-speed crashes on South Carolina highways can lead to life-altering injuries and extensive property damage. Factors such as aggressive driving, reckless lane changes, and poor road conditions contribute to these accidents. Shelly Leeke Law Firm fights for the rights of highway accident victims, working to secure full and fair compensation.
Charleston Hit and Run Accident Lawyer
Being involved in a hit-and-run accident can be frustrating and overwhelming, especially when the at-fault driver flees the scene. Victims are often left with serious injuries and uncertainty about how to recover damages. Shelly Leeke Law Firm helps clients explore all legal options, including uninsured motorist claims, to ensure they receive the compensation they deserve.
Charleston Left-Turn Accident Lawyer
Left-turn accidents are frequently caused by drivers misjudging speed or failing to yield the right-of-way, leading to serious injuries for victims. If another driver’s negligence caused your left-turn accident, you shouldn’t have to bear the financial burden alone. Shelly Leeke Law Firm is dedicated to helping injured clients recover the compensation they need for medical treatment and lost wages.
Charleston Parking Lot Accident Lawyer
While parking lot accidents often occur at low speeds, they can still result in serious injuries, especially for pedestrians. Poor visibility, distracted driving, and reckless maneuvering contribute to these collisions. Shelly Leeke Law Firm helps victims hold negligent drivers accountable and seek fair compensation for their injuries and losses.
Charleston Rear-End Collision Lawyer
Rear-end accidents are common but can still cause significant injuries such as whiplash, spinal damage, and head trauma. Even at low speeds, these crashes can lead to long-term medical issues. Shelly Leeke Law Firm advocates for rear-end collision victims, ensuring they receive the compensation they need for their recovery.
Charleston Rideshare Accident Lawyer
Accidents involving rideshare vehicles can be legally complex due to insurance coverage issues with companies like Uber and Lyft. Whether you were a passenger, another driver, or a pedestrian, you deserve experienced legal representation. Shelly Leeke Law Firm fights for rideshare accident victims, navigating the complexities of insurance claims to secure maximum compensation.
Charleston Uber and Lyft Accident Lawyer
When an Uber or Lyft accident occurs, multiple parties and insurance policies may be involved, making claims challenging. Whether the rideshare driver was at fault or another driver caused the crash, victims need legal guidance to ensure fair compensation. Shelly Leeke Law Firm handles Uber and Lyft accident cases with a focus on securing justice for injured passengers, drivers, and third parties.
Charleston Uninsured Motorist Accident Lawyer
Getting into an accident with an uninsured driver can leave victims feeling helpless about how to cover medical expenses and vehicle repairs. Fortunately, uninsured motorist coverage can help, but insurance companies may still try to minimize payouts. Shelly Leeke Law Firm assists victims in filing uninsured motorist claims and fighting for the compensation they rightfully deserve.
Grounds for a Car Accident Claim in Charleston
Our analysis of the cause of your car crash will help us determine whether you have grounds for a claim. This is because most car accident victims only have grounds for a lawsuit or insurance claim if someone else is responsible for causing the accident.
We must ensure the elements of negligence have been met as follows:
- Duty of care – The driver that hit you or another liable party owed you a duty of care, meaning they had an obligation to your safety, health, or well-being.
- Breach of duty – The accused must have violated their duty to your safety, health, or well-being by operating the vehicle unsafely or without regard for other motorists or their passengers, for example.
- Causation – The defendant’s actions must be the cause of the accident or your serious injuries.
- Damages – While your injuries do not need to be life-threatening, they must be impactful, whether that be emotionally, psychologically, physically, financially, or in any other way.
If you are unsure if you have a car accident claim or what steps to take next, let our Charleston car accident lawyer provide you with insight and support.
Our years of experience enable us to help our clients navigate negligence claims so that we can file the maximum claim possible. When someone hurts you, you need a legal team ready to fight for you.
The Burden of Proof
When pursuing a personal injury lawsuit of any kind, your car accident lawyer must meet the burden of proof. In civil court, the burden of proof is based on a preponderance of the evidence, meaning evidence presented must convince the jury of the defendant’s liability, but it does not need to be beyond a reasonable doubt.
This may be a lower burden of proof than what is seen in criminal court, but the evidence we present must still be powerful and could include:
- Copies of your medical records
- Photos of your injuries and the damage at the car accident scene
- Video footage of the collision obtained from dash or traffic cams
- Witness testimony, including statements from close friends and family
- Copies of the defendant’s breath or blood alcohol test results
- Reports generated by accident reconstructionists
- Expert testimony from law enforcement officials, forensic analysts, and other third parties
- Copies of the defendant’s driving and criminal histories
Our car accident legal team will gather data from any resource available to help support your claim. We talk to witnesses, gather any visual evidence available, discuss your case with experts, and consider your short- and long-term needs. Allow us to ensure you file the maximum claim possible with all of the evidence available.
Common Types of Injuries Charleston Car Accident Victims Sustain
There is no one specific type of injury that qualifies for legal action after a motor vehicle wreck. Your personal injury attorney will evaluate the extent of your injuries and their impact on your life to determine how much your insurance claim and civil lawsuit are worth.
Our clients have endured a wide array of injuries, some of which could include:
- Internal bleeding
- Road rash
- Traumatic brain injuries
- Amputation
- Organ failure
- Soft tissue injuries
- Post-traumatic stress disorder (PTSD)
- Back injuries
- Compound fractures
- Contusions and abrasions
- Spinal cord injuries
- Lacerations and sepsis
- Broken bones
- Paralysis
- Child injuries
- Dental injuries
- Whiplash
- Third-degree burns
- Facial injuries
Many times, our clients also face emotional and mental health challenges from car accidents and the trauma they cause. Do not overlook the importance and value of this type of loss, as it may be a part of your claim. Talk to a Charleston catastrophic injury lawyer for help.
Causes of Car Accidents in Charleston
Once we determine whether you have grounds for a claim, we need to focus on proving the cause of the collision. Many motor vehicle accidents are caused by negligence or reckless driving.
Some examples of negligent driving in Charleston could include:
- Failure to stop
- Drunk driving
- Failure to yield
- Making illegal terms
- Speeding
- Driving under the influence of drugs
- Drowsy driving
- Aggressive driving
- Failure to check blind spots
- Failure to use a turn signal
- Distracted driving
- Following too closely
However, it is important to note that reckless driving is not the only reason car accidents occur. Defective motor vehicle parts, negligent dram shops, and hazardous road conditions are also some of the top causes of car accidents in Charleston.
Once we have determined how the car accident occurred, we will have a better understanding of which parties should be held accountable for your damages.
Who Is Responsible for Your Damages After a Car Accident in Charleston
Some accidents have an obvious cause and perpetrator. In other cases, third parties who had nothing to do with the incident but contributed to its cause and any ensuing damage may be held liable. Your Charleston car accident attorney can help establish fault and get compensation for your suffering.
Who is responsible is not always just one party either. When filing a car accident claim, we look at all of the facts to determine which parties have any responsibility. This then allows us to pursue legal action against anyone responsible.
Some cases are more challenging. They create a higher level of risk to you, the victim, in recovering your claim. What happens when a commercial driver or government agency is involved?
Suing a Commercial Driver
A cab or delivery truck, for instance, may have struck you. It is possible that you will not know who to hold liable for your losses. The one responsible for your pain and suffering should pay.
You may find that your claim is not simple. There might be a case for compensation if you were injured in a vehicle collision with an employee while they were working. Most often, the company’s management is held liable for an employee’s inappropriate behavior on the job.
When you are hurt by a commercial driver, also note that you may end up facing far more scrutiny from the insurance company. This is one of the reasons why you should work closely with a legal team. Do not let them take advantage of you.
Suing a Government Agency
What if you were involved in an accident because the government agency responsible for maintaining the road did poorly? It might be difficult to file a lawsuit against the state of South Carolina. The majority of states’ laws exist to shield state and local governments against personal injury claims, such as those arising from vehicle accidents.
Buses, cars owned by the government, and other accidents can happen. When they do, you may have the right to compensation. Do not assume you cannot sue.
Instead, meet with our Charleston car accident attorney. Let us discuss your case with you. If we can hold someone responsible, we will.
Auto Parts Manufacturers
When malfunctioning vehicle parts cause your wreck, nearly anyone involved in the design, manufacture, or distribution of these parts could share the blame. This does not only include parts manufacturers, designers, and distributors. Other parties who could share culpability include:
- Motor vehicle dealerships
- Maintenance technicians
- Executives and officials
- Safety inspectors and quality control professionals
To determine if this is a risk, we may consider other accidents these vehicles have been in. It takes some research to determine whether or not a manufacturer was responsible. Expect us to do the work to prove it if possible.
Dram Shops
When a drunk driver is responsible for causing your accident, filing a claim against the Dram shop that oversold or served them alcohol may be an option.
Under dram shop liability laws in South Carolina, if an establishment serves or sells alcohol to someone who is already clearly and visibly intoxicated, they can be held accountable for any injuries or damages the drunk driver goes on to cause.
Supermarkets, liquor stores, sports venues and stadiums, nightclubs, bars, and even convenience stores have been named in dram shop liability claims after a car accident.
Though the drunk driver may be responsible, these other locations may be as well. Gathering evidence to prove this claim is challenging. Our car accident attorneys will work to find any evidence to support your case.
Dram shop laws are in place for a reason. Overselling alcohol to people puts many lives at risk. If this occurred in your case, it is worth pursuing legal action.
Dealing with the Insurance Company
Following the accident, you might be approached by the auto insurance company to offer you a settlement. Should you accept this initial offer? We encourage you to speak to a Charleston car accident attorney first.
The insurance company will probably not be thrilled to receive your reimbursement request. If at all possible, they will take measures to reduce your settlement amount and pay you as little compensation as possible. As a result, the insurance provider will likely attempt to find reasons not to pay you what you’re owed.
An example of this would be if they offered you a settlement much lower than the value of your claim and justified it by arguing that it was the best they could do.
You will have to take a stand if you want the compensation you deserve. Your Charleston automobile accident attorney may assist you in taking the insurers to court to receive adequate compensation.
Insurance Only Covers Specific Losses
Dealing with the insurance company is never easy. Unfortunately, even if you are awarded an insurance settlement, it may be worth far less than you were expecting. This is because insurance only covers specific types of covered losses.
According to the South Carolina Department of Insurance, SC is a fault state. If you are filing a claim with the liable party’s insurer, the amount of coverage the defendant has will determine how much the insurance company will pay you.
If, for example, the driver that hit you only has $50,000 per accident for bodily injury liability coverage, this means the insurance company will only pay a maximum of $50,000 for your medical expenses.
When this happens, and you have an excess of remaining damages, your car accident attorney in Charleston, SC, will consider whether filing a personal injury lawsuit is in your best interests. Many times, it is necessary. Discuss this with us.
Statute of Limitations for Personal Injury Cases in South Carolina
When planning to go to trial, you must consider the time limit for filing a claim in South Carolina. Yes, the statute of limitations differs for each state, depending on the nature of the claim. You have three years from the accident date to submit a claim for compensation for your injuries under South Carolina Code §15-3-530.
You cannot be sure of getting compensated for your losses if you wait to claim because every situation is different. The difficulty of resolving a case increases as time passes. The sooner you act, the better.
The reliability of available evidence declines. Contact your personal injury attorney as soon as possible. If you were at fault for the accident, your case dynamics might shift.
Shared Fault in Charleston Car Accidents
Finding out who was at fault for your car crash injuries is essential in getting the money you deserve after you have been hurt. South Carolina is a “fault” state, so although your insurance provider may assist you with things like a rental vehicle, you will ultimately be responsible for any damages if yours is damaged. If it turns out that you had any responsibility for the crash, your potential settlement might be reduced.
If you are partially at blame, do not panic. The law is still on your side. Your entitlement to compensation may be reduced by an amount equivalent to your degree of responsibility according to South Carolina law under Code §15-38-15.
For example, if you were driving 5 mph over the speed limit when you were hit by a drunk driver, the defense might argue you share the blame for the injuries you sustained.
If the judge agrees, they might assign partial liability at 10%. If you were ultimately awarded a settlement valued at $3 million before your settlement comes in, 10% will be deducted, leaving you with $2.7 million.
Damages Can You Recover Compensation For
If you were injured in an automobile crash in South Carolina, our lawyers could help you get the compensation you deserve. This includes economic and non-economic damages. Some examples of recoverable damages could include the following:
- Medical bills
- Lost wages
- Impaired body
- Distress, agony
- Auto maintenance and service
- Income loss from lost workdays
- Modifications to one’s home due to disability caused by the accident
- Grief over potentially lost friend or loved one in the case of a deadly accident
If you sue the government in South Carolina, you may have less than the standard three years to do so, despite the state’s three-year statute of limitations on personal injury claims.
There may be limits on the amount of money you get in damages, so it is in your best interests to pursue the highest possible payout. Consult a car accident lawyer in Charleston, SC, for assistance.
What Our Car Accident Attorneys in Charleston Can Do for You
At Shelly Leeke Law Firm, we have seen it all. Our legal team will work tirelessly to ensure you get just compensation. Our Charleston car accident lawyer will help you build a strong case.
To save you the hassle, we can also handle the insurance company negotiations and investigate the accident when you contact us today for a free consultation.
