WHAT TO DO AS A PASSENGER IN A CAR ACCIDENT

There is nothing worse than losing a loved one, except perhaps losing a loved one as a result of someone else's actions, whether negligent or intentional. If a close relative has been killed, you can seek justice with the help of a wrongful death attorney from our team at Yelverton Litigators in Charleston, SC. Filing a Wrongful Death Claim: A Comprehensive Guide It's not a requirement that you hire an attorney before filing a wrongful death claim, but it's the best way to reduce your stress throughout the process and achieve a satisfactory outcome. more What Constitutes a Wrongful Death? A wrongful death is when a person dies as a result of another party's wrongful act, negligence, or intentional harm. Common causes of wrongful death include things like car accidents, medical malpractice, defective products, workplace accidents, and criminal acts. Determine Who Can File the Claim In South Carolina, a wrongful death claim must be filed by the executor of the deceased's estate. This person is typically named in the deceased's will, but if there is no will, a personal representative may be appointed to act on their behalf. Although the personal representative files the claim, any damages awarded are for the benefit of the deceased's surviving family members, such as the spouse, children, or parents. Know the Statute of Limitations You must file a wrongful death claim inside the statute of limitations, which in South Carolina is within three years of the date of death. If you do not file within this time limit the court will likely dismiss the claim, and you may lose the right to any compensation. Calculate Damages Damages in a wrongful death claim in South Carolina can include both economic and non-economic losses, from the costs of medical treatment and burial to compensation for the loss of the deceased company and the pain and suffering felt by you and your family. In some cases, punitive damages may also be awarded if the defendant's actions were particularly reckless or malicious. File the Claim To file a wrongful death claim, the personal representative must prepare and submit a complaint to the appropriate court. Your attorney will make sure that this legal document outlines the facts of the case, the legal basis for the claim, and the damages being sought. Get in Touch With a Wrongful Death Attorney in Charleston, SC To file a wrongful death case you must understand the law and be able to show that another party's actions led to the death of a loved one. By working with a qualified attorney, you can pursue justice and secure compensation to help alleviate the financial and emotional burdens following a wrongful death. If a loved one has died as a result of someone else's actions, then don't delay. Get in touch with us at Yelverton Litigators in Charleston, SC to consult with an experienced lawyer who specializes in this area of the law. We will do our utmost to get you and your family the justice you deserve.

Walking the historic streets of Charleston, South Carolina should be a safe and enjoyable experience, but unfortunately, pedestrian accidents happen far too often. When a vehicle collides with a person on foot, the consequences can be severe, leading to complex legal, medical, and financial challenges. more Understanding your rights is critical, especially in a bustling city where tourism and foot traffic are high year-round. South Carolina law offers important protections for pedestrians, but navigating these laws can be confusing after an accident. Many victims don’t know where to turn or how to begin the claims process, especially if the driver fled the scene. This blog post will break down the legal landscape for pedestrian accidents in Charleston, clarify common concerns, and explain how working with a Charleston pedestrian accident lawyer can help you secure the compensation you deserve. Understanding South Carolina Pedestrian Laws: What Every Charleston Resident Should Know South Carolina has specific laws designed to protect both pedestrians and drivers. Here’s what you need to know if you’ve been hit by a car in Charleston: Rights and Responsibilities of Pedestrians Right of Way: South Carolina law gives pedestrians the right of way at crosswalks and intersections. Drivers are required to yield, especially when pedestrians are on the same half of the roadway. Obligations: Pedestrians must obey traffic signals and use marked crosswalks when available. Jaywalking or crossing outside of a crosswalk can impact the outcome of an injury claim. Duties of Drivers Toward Pedestrians Exercise of Due Care: Drivers in Charleston are legally obligated to exercise due care to avoid colliding with pedestrians, especially near schools, parks, and downtown areas with heavy foot traffic. Stopping for Crosswalks: Motorists must stop for pedestrians in marked crosswalks, as per South Carolina Code § 56-5-3130. No Passing Stopped Vehicles at Crosswalks: It’s illegal for one vehicle to pass another that is stopped at a crosswalk, as the stopped car may be yielding to a pedestrian. What if the Driver Leaves the Scene? Hit and Run Cases in Charleston Sadly, hit and run incidents are not uncommon in Charleston. If a driver leaves the scene after hitting a pedestrian: Victims should report the incident to the police immediately. Uninsured Motorist Coverage: South Carolina law allows pedestrians injured in hit and run accidents to file a claim under their own uninsured motorist (UM) coverage, even if they weren’t driving at the time of the accident. Learn more about pedestrian accident claims in South Carolina. Common Questions Charleston Pedestrians Ask After an Accident Do I Need a Lawyer If I Was Hit by a Car While Walking? It’s understandable to feel overwhelmed after an accident. Many people are unsure whether hiring a pedestrian accident attorney is necessary or helpful. Here’s what you should know: Insurance Companies Are Not Always On Your Side: Adjusters often try to minimize payouts, especially if you were partially at fault. Proving Fault Can Be Complex: South Carolina follows a modified comparative negligence rule, meaning you can recover damages as long as you are less than 51% at fault—but your compensation may be reduced by your percentage of fault. Legal Guidance Simplifies the Process: A knowledgeable lawyer handles communication, paperwork, evidence collection, and negotiations, making the process much easier for you. What Should I Do Immediately After a Pedestrian Accident in Charleston? Get medical attention right away, even if injuries seem minor. Call the police to file an official report. Collect evidence if possible: photos of the scene, witness information, and driver details. Do not give a recorded statement to the at-fault driver’s insurance company until you’ve spoken with a lawyer. For more tips, visit our Pedestrian Accident Claims page. Why Hire a Charleston Pedestrian Accident Lawyer? Making the Process Easier for Victims Working with the best personal injury lawyer in Charleston, SC is about more than just legal knowledge—it’s about peace of mind. Here’s how an experienced attorney helps: Handles the paperwork: Filing insurance claims and lawsuits can be daunting without legal training. Negotiates fair settlements: Attorneys know how to calculate the full value of your claim—including medical bills, lost wages, and pain and suffering. Investigates the accident: Gathering surveillance footage, interviewing witnesses, and reconstructing the crash are all part of the process. Protects your rights in hit and run cases: A seasoned hit and run attorney can help track down the driver or pursue alternative compensation sources. Explore more about our legal services in Charleston. Frequently Asked Questions (FAQs) What compensation can I recover after a pedestrian accident in Charleston? A Charleston pedestrian accident lawyer can help you pursue damages for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages if the driver was reckless. How long do I have to file a claim in South Carolina? The statute of limitations for personal injury claims in South Carolina is generally three years from the date of the accident. Acting promptly is crucial to protect your rights. What if I was partially at fault for the accident? South Carolina’s modified comparative negligence rule allows you to recover damages if you were less than 51% at fault, though your compensation may be reduced by your share of fault. Can I file a claim if the driver was uninsured or left the scene? Yes. Pedestrians can often file under their own uninsured motorist (UM) coverage. Speak with a hit and run attorney to explore your options. How do I choose the best personal injury lawyer in Charleston, SC? Look for attorneys with strong reviews, local experience, and a proven track record handling pedestrian accident claims in Charleston. For more information, check the South Carolina Department of Public Safety’s Pedestrian Safety resources. Get Help from an Experienced Charleston Pedestrian Accident Lawyer If you or a loved one has been hit by a car while walking in Charleston, you don’t have to navigate the aftermath alone. Understanding your legal rights and having the right representation can make all the difference in your recovery—physically, emotionally, and financially. Contact us today for a free, no-obligation consultation with a Charleston pedestrian accident lawyer, and let us help you move forward with confidence.

After a car crash, you might be confused about what steps you should take next. Once you get the medical care you need, you should file an accident claim with your car insurance company. Here are 5 steps you can follow and what our Charleston, SC car accident attorneys can do for you and your family in the wake of a motor vehicle collision. 1. Report the Accident to Police If you are able, the first thing you should do is call the police to report the accident. Even if the damage was minor and there are no injuries, it's critical to have an officer respond to the accident so a formal police report can be generated. This will have key information like the position of the vehicles, where the damage is located, and the officer's personal observations. more 2. Get the Other Driver's Information Next, you should obtain the contact information of any other drivers who were involved in the accident. Be careful not to chat with them or discuss who might be at fault for the collision, since anything you say could be used against you at a later date. Instead, just get the basics and politely decline to answer any questions other than providing your own phone number and insurance information. 3. Gather Evidence When it comes to filing an insurance claim, the kind of evidence you bring to the table matters. You'll want to have compelling data to show how the other driver was responsible for the accident and how you were injured as a result. This often comes in the form of witness testimony, accident reconstruction, and medical records. However, you should also collect any video footage that may exist of the accident and consider bringing in an expert witness to explain your injuries to the jury. 4. Call Your Insurance Company In addition to reporting your accident to your local police office, your car insurance carrier requires you to make a separate disclosure. While you do have to answer some basic questions, you can (and should) refrain from going into too much detail or offering conjecture about what happened. It's your insurance company's responsibility to review the evidence and designate which party is at fault. 5. Consult With a Veteran Car Accident Attorney Finally, you should make an appointment to talk with an experienced car accident lawyer in your area to learn about your legal rights after a negligent driver caused your collision. Your attorney can walk you through each of these steps and will speak to insurance adjusters and police officers on your behalf, so you can stay focused on your recovery. Were you hurt in a car crash? The time to act is now. Contact us at Yelverton Litigators in Charleston, SC to take advantage of our free consultation offer and learn how we can help you recover the financial compensation you and your family deserve for your injuries.