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Why Head-On Collisions Often Lead to Wrongful Death Claims

Head-on collisions are among the deadliest types of motor vehicle accidents in South Carolina. While they account for a small percentage of crashes overall, they have the highest fatality rate of any type of collision. When two vehicles strike each other head-on, the combined force of their speeds creates a devastating impact. Sadly, this often results in catastrophic injuries or the loss of life.

For families in Charleston who have lost a loved one in a head-on crash, the grief is overwhelming. Beyond the emotional pain, surviving family members may also face medical bills, funeral costs, and the sudden loss of financial and emotional support. In these cases, pursuing a wrongful death claim can provide accountability and financial relief.

Common Causes of Fatal Head-On Collisions

In nearly every instance, a head-on collision happens because a driver makes a serious mistake or acts recklessly. Some of the most common causes of deadly head-on crashes include:

  • Drunk or Drugged Driving: Impaired drivers are far more likely to drift into oncoming lanes.
  • Distracted Driving: Looking at a phone or GPS for just a few seconds can cause a driver to veer into the wrong lane.
  • Fatigue: Drowsy drivers may cross the center line or fall asleep at the wheel.
  • Reckless Speeding: Excessive speed reduces reaction time and amplifies the force of a crash.
  • Improper Passing or Lane Departures: A driver misjudges distance when passing or loses control of their vehicle.

Every fatal crash deserves a full investigation. Determining the exact cause is crucial for holding the at-fault driver accountable.

Who Can File a Wrongful Death Claim in Charleston, South Carolina?

Under South Carolina law, a wrongful death claim can be filed by the personal representative of the deceased person’s estate, typically on behalf of surviving family members such as:

  • Spouse
  • Children
  • Parents (if there is no spouse or children)
  • Other heirs as determined by law

A wrongful death lawsuit seeks compensation for the losses suffered by the surviving family, which may include:

  • Funeral and burial expenses
  • Medical bills related to the final injury
  • Loss of financial support and benefits
  • Loss of companionship, guidance, and emotional support
  • Pain and suffering experienced by surviving loved ones

In especially egregious cases, punitive damages may also be awarded to punish the at-fault driver, such as in accidents caused by drunk or reckless driving.

Challenges in Wrongful Death Cases After Head-On Collisions

Even when it seems clear that the other driver was at fault, families may face obstacles when pursuing compensation. Common challenges include:

  • Proving negligence when multiple stories are told about how the crash occurred.
  • Comparative negligence rules in South Carolina, which may reduce compensation if your loved one is accused of sharing fault.
  • Insurance company resistance, especially when the claim involves a fatality and potentially high payouts.
  • Limited coverage, if the at-fault driver carried only the minimum insurance required by law.

An experienced wrongful death attorney can step in to investigate the crash, work with accident reconstruction experts, and pursue every available source of compensation.

Why Legal Help Matters in Fatal Head-On Collision Cases

Wrongful death cases are not only legally complex but also emotionally difficult for families to handle on their own. A knowledgeable Charleston wrongful death lawyer can relieve some of the burden by:

  • Investigating the cause of the crash.
  • Gathering critical evidence, including police reports, witness statements, and accident reconstruction findings.
  • Handling negotiations with insurance companies.
  • Representing your family in court if a fair settlement cannot be reached.

The goal is to secure justice for your loved one while providing your family with the financial support you need to move forward.

Contact the Charleston Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you have lost a loved one in a head-on collision, our compassionate Charleston wrongful death lawyers at Rogers, Patrick, Westbrook & Brickman LLC are here to help. We understand the pain families face after a tragic loss, and we are committed to fighting for justice on your behalf. Call us today at 843-727-6500 or contact us online to schedule a free consultation. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, we proudly represent families across South Carolina.

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Are Elderly Drivers at a Higher Risk for Car Accidents?

South Carolina has long ranked among the most dangerous states for drivers. Recent reports show that the state consistently has one of the highest traffic fatality rates in the country, both per miles traveled and per 100,000 residents. These statistics reveal that driving in South Carolina is risky for everyone, regardless of age. However, research shows that older drivers face unique challenges behind the wheel that can increase the likelihood of an accident.

On average, elderly drivers—especially those aged 70 and older—drive fewer miles each year than younger drivers. Despite this, their risk of being involved in a serious or fatal crash per mile traveled is significantly higher. Studies show that:

  • Drivers aged 70–74 are involved in about 1.7 fatal crashes per 100 million miles.
  • Drivers aged 75–79 have a rate of about 2.1 fatal crashes.
  • The rate rises to 4.3 for drivers aged 80–84.
  • For drivers over 85, the rate climbs to about 7.6 fatal crashes per 100 million miles.

These numbers highlight a troubling trend: while elderly drivers spend less time on the road, they face higher risks whenever they do drive.

Intersection Crashes and Other Risk Factors

One area where older drivers are particularly vulnerable is at intersections. Research shows that drivers 80 and older are involved in nearly 40% of all fatal multivehicle crashes at intersections, compared to only about 20% for middle-aged drivers. The complexity of making left turns, judging speed and distance, and processing multiple moving vehicles can be more difficult with age.

This doesn’t mean that every elderly driver is unsafe, but it does show that certain situations on the road can be riskier for older motorists and those around them.

Why Elderly Drivers Face Greater Risks

Several factors explain why accident and fatality rates are higher for older drivers:

  • Slower reaction times. As people age, their reflexes often slow, making it harder to respond quickly to sudden stops or hazards.
  • Declining vision and hearing. Reduced ability to see clearly, especially at night or in peripheral vision, can lead to missed signals or unseen obstacles.
  • Medication side effects. Many older adults take prescription drugs that may cause drowsiness, confusion, or delayed reactions.
  • Chronic health conditions. Pain, stiffness, or limited mobility may make it harder to turn the steering wheel, check blind spots, or brake in time.

Together, these factors create a higher overall risk on the road for elderly drivers compared to younger motorists.

Protecting Your Rights After a Crash

Car accidents can leave victims with serious injuries, medical bills, lost wages, and long-term consequences. When an elderly driver is involved, proving negligence may require careful investigation and skilled legal representation.

If you or a loved one has been hurt in a crash in South Carolina, do not navigate the claims process alone. An experienced car accident lawyer can review the facts of your case, gather evidence, and negotiate with the insurance company on your behalf.

Contact the Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you have been injured in a crash involving any type of motorist, seek legal help from the Mt. Pleasant car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. To schedule a free consultation, call 843-727-6500 or contact us online. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, we proudly serve clients throughout South Carolina.

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Dealing With Insurance Companies After a Fatal Charleston Car Accident

Losing a loved one in a fatal car accident is devastating, and the aftermath can feel overwhelming. Beyond grief and loss, surviving family members often face unexpected financial burdens—from funeral costs to the loss of household income. While South Carolina law allows families to pursue a wrongful death claim, one of the most immediate challenges is dealing with insurance companies after a fatal crash in Charleston.

Insurance companies may appear compassionate, but it’s important to remember that their priority is protecting profits—not ensuring that grieving families receive fair compensation. Understanding how these companies operate and why you need experienced legal guidance can make a significant difference in the outcome of your claim.

How Insurance Companies Handle Fatal Car Accidents

After a fatal accident, insurance adjusters may quickly reach out to surviving family members. They often try to:

  • Offer a fast settlement before the full extent of losses is calculated.
  • Ask recorded questions that can be used to minimize liability.
  • Shift blame to the deceased driver or another party to reduce payout obligations.
  • Delay processing to pressure families into accepting less than what the claim is worth.

Without legal representation, grieving families may unknowingly accept a settlement that does not cover long-term financial and emotional damages.

Why Wrongful Death Claims Are Different

In South Carolina, wrongful death claims arising from fatal car accidents are filed by the executor or administrator of the deceased’s estate. These claims seek compensation not only for immediate expenses like medical bills and funeral costs but also for long-term losses such as:

  • Lost income and benefits the deceased would have provided.
  • Loss of companionship, guidance, and care.
  • Emotional pain and suffering of surviving family members.

Insurance companies will rarely offer compensation that fully reflects these damages unless forced to through skilled negotiation or litigation.

Protecting Your Family When Speaking With Insurance Companies

Here are some key steps families in Charleston should take when dealing with insurers after a fatal car accident:

  1. Do not accept the first settlement offer. These are often far below what the claim is truly worth.
  2. Avoid giving recorded statements to insurance adjusters without legal counsel.
  3. Gather and preserve evidence such as police reports, witness information, and accident scene photos.
  4. Track expenses related to the death, including funeral bills and medical care.
  5. Consult a wrongful death lawyer before signing any documents or making agreements.

An experienced attorney can handle all communication with insurers, ensuring that families are not pressured or misled during such a vulnerable time.

How Rogers, Patrick, Westbrook & Brickman LLC Can Help

At Rogers, Patrick, Westbrook & Brickman LLC, our Charleston wrongful death lawyers understand the emotional and financial toll a fatal car accident takes on families. We know how insurance companies operate—and we know how to fight back.

Our legal team works to:

  • Investigate the crash thoroughly with the help of accident reconstruction experts.
  • Calculate the true value of your family’s wrongful death claim.
  • Negotiate aggressively with insurers to seek fair compensation.
  • Take the case to trial if the insurance company refuses a reasonable settlement.

We approach each case with compassion and determination, giving families the guidance they need while holding negligent drivers and insurance companies accountable.

Speak With a Charleston Wrongful Death Lawyer at Rogers, Patrick, Westbrook & Brickman LLC Today

If your family has lost a loved one in a fatal car accident in Charleston, do not face insurance companies alone. The Charleston wrongful death lawyers at Rogers, Patrick, Westbrook & Brickman LLC are here to protect your rights and pursue the justice your loved one deserves. Call us today at 843-727-6500 or contact us online for a free consultation. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, we proudly serve clients across South Carolina.

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Common Causes of Uber and Lyft Accidents in Charleston

Rideshare services like Uber and Lyft have changed the way people get around, especially in cities like Charleston. But more rideshare vehicles on the road have given rise to an increase in related Uber/Lyft accidents.

What Makes Rideshare Driving Riskier?

Rideshare drivers often need to navigate unfamiliar streets while constantly checking their phone for directions, new ride requests, and passenger updates. This combination of distractions and pressure to perform can cause dangerous accidents.

How Does Distracted Driving Affect Uber and Lyft Safety?

For rideshare drivers, distractions are built into the job. They need to respond to ride requests, follow GPS routes, and communicate with passengers, all while staying alert to the road ahead. Even a few seconds of looking away from traffic can be enough to cause a crash.

The apps themselves often send notifications while a ride is already in progress, encouraging drivers to accept another trip or reach a certain earning milestone—all while they are still behind the wheel. These notifications can be especially hazardous on Charleston’s tight and winding historic roads.

Are Fatigued Drivers a Big Safety Concern?

Many drivers work long hours to increase their earnings, which can lead to exhaustion. But tired drivers are slower to react, less focused, and even prone to microsleeps. Fatigue can be just as dangerous as other common risky behaviors behind the wheel.

What Role Does Speeding Play in Rideshare Crashes?

Because drivers want to complete as many trips as possible in a day, they might feel pressured to drive faster. But speeding can lead to running red lights, making unsafe lane changes, and not leaving enough space between vehicles.

Can Poor Vehicle Maintenance Cause Rideshare Accidents?

Unlike taxi companies that follow strict maintenance schedules, rideshare drivers must maintain their own vehicles. If they skip services or repairs, worn brakes, bald tires, or faulty lights can create dangerous situations on the road.

Do Passenger Interactions Create Safety Risks?

Sometimes, the passenger can be a distraction. Whether due to a noisy conversation, an argument, or pressure to stop in a risky location, passenger behavior can pull a driver’s attention away from the road. Even the best drivers can make poor decisions if they feel rushed or pressured.

Can Surge Pricing and Rush Hour Demands Increase Accident Risks?

High-demand periods when Uber and Lyft implement “surge pricing” create additional safety hazards that many passengers and other drivers do not consider. During these peak times, drivers often feel increased pressure to work longer hours and drive more aggressively to maximize their earnings potential.

Surge pricing typically occurs during rush hours, major events, severe weather, and weekend nights when demand outstrips driver availability. These conditions encourage fatigued drivers to remain on the road and attract drivers who might not otherwise be working, including those who lack familiarity with busy routes or challenging driving conditions. The financial incentive to earn higher fares can lead to rushed driving behaviors and poor decision-making.

Contact the Charleston Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC if You Have Been Injured in an Uber or Lyft Accident

If you have suffered an injury in an Uber or Lyft accident, the Charleston Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can help you understand your options and protect your rights. For a free consultation, call 843-727-6500 or contact us online. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients throughout South Carolina.

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How Charleston Distracted Driving Laws Affect Your Car Accident Claim

Distracted driving is a serious problem nationwide, and Charleston is no exception. Whether it’s texting, eating, or adjusting the radio, distracted driving leads to thousands of accidents each year. If you’ve been injured in a Charleston car accident caused by a distracted driver, understanding how local distracted driving laws affect your claim is crucial.

What Is Distracted Driving?

Distracted driving includes any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to passengers, or fiddling with the navigation system. According to South Carolina law, using a handheld cell phone while driving is illegal and considered a primary offense.

Charleston and South Carolina Distracted Driving Laws

In Charleston, drivers are subject to state laws that prohibit texting and handheld phone use while driving. These laws are designed to reduce accidents caused by drivers not paying full attention to the road.

  • Texting While Driving Ban: South Carolina bans texting while driving for all drivers.
  • Handheld Device Ban: Drivers cannot hold or operate handheld phones while the vehicle is in motion.
  • Primary Enforcement: Police can pull over drivers solely for using a handheld device.

Violating these laws is not just a traffic ticket risk—it can also play a key role in a car accident claim.

How Distracted Driving Laws Impact Your Car Accident Claim

If you were hurt in a crash involving a distracted driver, proving that the other driver broke distracted driving laws can strengthen your case significantly. Here’s how:

Establishing Fault

Showing that the other driver was illegally texting or using a handheld phone when the accident happened can help prove they were negligent and caused the crash.

Increasing Damages

Demonstrating that the at-fault driver violated laws designed to keep the roads safe may increase the compensation you receive for your injuries, medical bills, lost wages, and pain and suffering.

Dealing With Insurance Companies

Insurance companies may be more likely to settle quickly when distracted driving is proven, as it’s clear the other party was at fault.

What to Do If You Were Injured by a Distracted Driver in Charleston

  1. Report the Accident: Always call the police and file an official report.
  2. Document Evidence: Take photos, get witness information, and note anything suspicious, such as a driver on their phone.
  3. Seek Medical Attention: Your health and well-being come first.
  4. Contact a Charleston Car Accident Lawyer: Experienced attorneys at Rogers, Patrick, Westbrook & Brickman LLC can help gather evidence, prove distracted driving, and fight for the compensation you deserve.

Why You Need a Charleston Car Accident Lawyer

Distracted driving claims can be complex. Proving a driver was distracted often requires more than just eyewitness accounts — police reports, phone records, and expert testimony may be necessary. Our firm has the knowledge and resources to investigate thoroughly and build a strong case on your behalf.

Contact Our Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Today

If you or a loved one suffered injuries in a car accident caused by a distracted driver, don’t wait. Reach out to our Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC for a free consultation. We are dedicated to protecting your rights. Call 843-727-6500 or contact us online. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.

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Why Rural Car Accidents Are Often More Dangerous Than Urban Ones

South Carolina consistently ranks among the top states for motor vehicle fatalities. One key reason is that much of the state is made up of rural terrain, where long stretches of road may seem quiet—but are deceptively dangerous. While car accidents can happen anywhere, those that occur in rural areas are far more likely to result in severe injuries or fatalities.

If you or a loved one was injured in a rural crash, the Mt. Pleasant car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can help you pursue compensation and navigate the complexities of a serious injury claim.

  1. Higher Speeds Lead to More Severe Injuries

Rural roads often encourage higher driving speeds, even if the posted speed limit isn’t excessive. With little traffic and few visual obstructions, drivers may feel emboldened to speed or drive aggressively. Unlike city driving—where congestion naturally slows vehicles down—rural driving creates the perfect conditions for high-impact crashes.

Higher speeds dramatically increase:

  • The force of impact in collisions.
  • The likelihood of fatalities or catastrophic injuries.
  • The stopping distance required to avoid danger.
  1. Rural Roads Are More Unpredictable

City roads are usually well-maintained, well-marked, and familiar to most drivers. In contrast, rural roads can be hazardous and unfamiliar:

  • Sharp, unmarked curves or hills.
  • Limited lighting at night.
  • Hidden driveways or blind intersections.
  • Poor signage or no shoulders.

Drivers unfamiliar with the road may be caught off guard—leading to rollovers, single-vehicle crashes, or head-on collisions. These accidents are particularly common on South Carolina’s backroads, where road conditions may be poorly maintained or quickly change due to weather.

  1. Driver Inattention Is More Common

In busy city environments, drivers are typically more focused due to the constant presence of other vehicles, pedestrians, and signals. In rural settings, the lack of visible hazards may lead drivers to lower their guard.

Common behaviors in rural areas include:

  • Texting or using a phone while driving.
  • Daydreaming or “zoning out” on long, straight roads.
  • Falling asleep at the wheel, especially during nighttime or early morning hours.

Unfortunately, a moment of inattention on a high-speed rural road can be fatal.

  1. Overconfidence Leads to Risky Behavior

Drivers may underestimate the dangers of rural driving, leading to risky behaviors they wouldn’t consider in urban areas, such as:

  • Driving while intoxicated.
  • Speeding or racing on open roads.
  • Failing to wear a seatbelt.
  • Running stop signs or ignoring yield rules.

This overconfidence can make rural roads more dangerous than crowded city streets. Studies consistently show that reckless and impaired driving occur more frequently in rural areas.

  1. Emergency Medical Response Is Slower

Perhaps the most serious risk of a rural car accident is delayed access to emergency medical care.

  • Longer 911 response times.
  • Greater distances to trauma centers.
  • Difficulty locating the crash site on remote or unnamed roads.

Every minute counts after a serious crash. If medical personnel are delayed, victims may suffer permanent injuries like brain trauma, internal bleeding, or even death—injuries that may have been survivable with immediate care.

What to Do After a Rural Car Accident in South Carolina

If you’ve been seriously injured in a crash on a rural road, here are key steps to protect your rights:

  1. Call 911 immediately, even if injuries seem minor.
  2. Document the scene. Take photos, video, and note landmarks if in a remote location.
  3. Get medical treatment. Don’t delay evaluation, even for “invisible” injuries.
  4. Do not admit fault. Anything you say may be used against you.
  5. Speak with an experienced attorney. A lawyer can investigate, gather evidence, and determine if negligence caused your accident.

Let Our Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Help You

You shouldn’t have to bear the burden of a rural accident alone—especially if another driver’s negligence, recklessness, or impaired driving caused your injuries. Call our Mt. Pleasant car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC at 843-727-6500 or fill out our online form to schedule your free, no-obligation consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.

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Memory Loss After a Car Accident

A car accident can disrupt your life in many ways. One of the most significant yet overlooked effects involves your brain. Whether from a physical blow to the head or the psychological shock of the crash, your brain can suffer trauma that results in memory loss. This can complicate your recovery, impact your ability to work, and even affect the outcome of a legal claim. An experienced car accident lawyer can help you pursue compensation and build a strong case, even if you can’t fully remember what happened.

Memory Loss Due to Brain Injury

Memory loss after a car accident is often linked to a traumatic brain injury. The force of impact or violent motion during a crash can cause your brain to move within your skull, leading to concussions or more serious forms of brain damage. Since your brain is responsible for memory storage and recall, these injuries may leave you unable to remember parts of your life. In mild cases, you may forget only moments surrounding the crash. In more severe cases, memory loss can be long-term or even permanent.

Memory Loss Due to Emotional Distress

Not all memory loss is the result of physical injury. The psychological impact of a crash can also interfere with memory. Survivors often experience acute emotional distress or post-traumatic stress disorder (PTSD), which can disrupt brain function and lead to memory gaps. You may not remember the accident itself, or you may struggle to recall events from before or after the crash. Emotional trauma can be just as damaging as physical injuries and deserves to be taken seriously in your recovery and legal claim.

Treatment for Car Accident Memory Loss

Recovery from memory loss varies depending on the severity of your condition. In some cases, your memory may return naturally as your body and mind heal. This is especially true when memory loss is linked to emotional trauma, which may improve with counseling or therapy. However, some people require more structured intervention. Working with a neurologist or cognitive therapist can help you retrain your memory through targeted exercises and rehabilitation. In the meantime, memory issues may limit your ability to work, manage daily responsibilities, or maintain relationships.

Compensation for Memory Loss After a Car Accident

Memory plays a vital role in your personal and professional life. If you’ve experienced memory loss because of a car accident, you may be entitled to compensation. This includes damages for medical treatment, cognitive therapy, lost wages, and future loss of earning capacity. You may also be able to recover compensation for reduced quality of life, emotional suffering, and loss of independence. A skilled car accident lawyer can work with medical experts to assess the full scope of your damages and fight for the maximum settlement or verdict.

The Legal Implications of Car Accident Memory Loss

Suffering memory loss after a crash can present challenges in a personal injury claim. If your memory of the accident is limited, your ability to testify about what happened may be compromised. This can raise questions about liability, especially if the other driver disputes fault. 

That’s why it is critical to hire a car wreck lawyer who can build your case using police reports, surveillance footage, expert witnesses, crash reconstruction, and other available evidence. Insurance companies may try to use your memory gaps to downplay or deny your claim. Your legal team must be prepared to counter that.

Contact the Charleston Car Wreck Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you’ve experienced memory loss or any other injury after a car crash, contact our Charleston car wreck lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Our experienced legal team will guide you through the process and fight for the compensation you deserve. Call 843-727-6500 or contact us online to schedule a free consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.

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What Are Common Causes of Car Accidents in Mt. Pleasant, South Carolina?

Car accidents—an unfortunate reality on South Carolina’s roads—cause injuries, stress, and property damage for countless families each year. But if you understand the most common causes of collisions, you can make smarter choices and keep yourself and your loved ones safe.

Why Is Distracted Driving So Dangerous?

It is easy to get sidetracked on the road—maybe you need to check your phone, chat with passengers, eat on the go, or fiddle with the radio. But even a moment’s distraction can mean missing a stop sign or missing a car in your blind spot. Stay focused behind the wheel: It is one of the best ways to avoid a crash.

How Does Speeding Impact Accident Rates?

When drivers go too fast, it is harder to react to sudden changes in traffic or road conditions. Speeding can also make crashes more severe, as greater velocity means greater impact. Slow down and follow the posted speed limits, especially in bad weather or heavy traffic.

What Role Does Impaired Driving Play?

Drunk, high, or otherwise impaired drivers have trouble making quick decisions and cannot react as fast as they need to, and this impairment puts everyone at risk. If you drink, use drugs, or take prescription medication, choose a designated driver or use a rideshare service.

Are Failure to Yield and Tailgating Common Causes?

Failing to yield the right of way commonly causes accidents, especially at intersections or when merging onto highways. Tailgating—following another car too closely—can also lead to rear-end collisions. Give other drivers space and exercise patience to help prevent these types of accidents.

How Do Weather and Road Conditions Affect Accidents?

South Carolina’s weather can be unpredictable. Rain, fog, and even the occasional icy patch can make roads slippery and reduce visibility. Accidents often happen when drivers fail to slow down or drive more carefully in these conditions. Keep your car in good shape, maintain your tires and brakes, and drive accordingly in inclement weather conditions.

Does Driver Experience Matter?

Inexperienced drivers, especially teenagers, have a higher likelihood of getting into accidents simply because they have not spent as much time behind the wheel. Visitors from out of state who lack familiarity with local roads can also have trouble. Exercise extra caution and practice defensive driving if you do not know the area.

What Can Drivers Do to Prevent These Accidents?

  • Keep your eyes on the road and avoid distractions.
  • Stick to the speed limit and slow down in less-than-ideal conditions.
  • Never drive under the influence of alcohol, drugs, or prescription medication.
  • Give other vehicles plenty of space and always yield when required.
  • Maintain your car.
  • Exercise extra caution in bad weather or at night.

Get Legal Support After a Crash From the Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you or someone you care about has been in a car accident in South Carolina, you do not have to go it alone. The Mt. Pleasant car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can help you through the process. Call us today at 843-727-6500 or fill out our online form for a free consultation. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we gladly serve clients throughout South Carolina.

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Who Is Liable for My Injuries in an Uber and Lyft Car Accident?

Rideshare companies have become increasingly popular due to their convenience and ease of summoning their services. With just a few clicks and swipes on your phone, a driver can be at your door and delivering you to your destination. But what happens if you are involved in an Uber or Lyft accident? Who is responsible for paying for injuries and property damage? 

What Types of Car Accidents Are Possible Involving a Rideshare Driver?

As is typically the case, the answer depends on the circumstances. There are several ways in which you can be involved in an accident with one of these rideshare drivers:

You might be a passenger, or you may be driving your own vehicle and be struck by a rideshare driver. Or you might be a pedestrian struck by an Uber or Lyft driver. You could also be a passenger in a rideshare vehicle that is struck by another driver. Whatever the case, it is important to know what to do and who to contact to make sure you receive fair compensation for the incident. 

What Types of Coverage Do Rideshare Drivers Have?

A driver’s status at the time of an accident will dictate who is responsible for covering the accident. Since rideshare drivers are considered independent contractors, they are not automatically covered by the company’s insurance policy the way a taxi driver would be. Instead, there are specific circumstances that apply to each situation. 

For example, if a driver has the rideshare app turned off and is not accepting fares, the driver’s own insurance would pay for any accidents. The rideshare company does not provide any coverage in this situation. However, it is important to note that the driver must have commercial coverage to use their private vehicle for rideshare purposes, or their insurance will not provide coverage for an accident in this situation. 

If a driver has the app turned on and is accepting fares but they do not have a passenger, the rideshare company will provide coverage of up to $50,000 per person, up to $100,000 in injury liability, and up to $25,000 in property liability. 

If a driver is en route to pick up a passenger or is transporting a passenger, the rideshare company covers up to $1 million in liability. 

What Should I Do if I Have Been Involved in an Accident With a Rideshare Driver?

Like any accident, it is important to remain calm and first address any injuries on the scene. 

If anyone requires medical attention, be sure to summon assistance immediately. Next, call the police to create an official incident report for insurance purposes. While you are waiting, gather information from the drivers involved in an accident as well as from any witnesses. Take pictures of the scene, including any injuries or property damage, and try to note whether there are any video cameras that may have captured the event via a traffic camera or nearby building surveillance. When practical, report the incident to your insurance company for review. 

Can the Rideshare Company Be Held Liable?

While Uber and Lyft have created insurance policies that essentially insulate them from being sued, they are not completely immune. For example, if they are aware that a driver is driving recklessly or under the influence and continues to allow the individual to work for the company, they can share in their negligence and be held liable by association. Also, since the driver is considered to be carrying out the goals of the company, they can be held liable by “agency law.” Although it may be difficult to prove the company’s negligence, it is not impossible. This is where a skilled lawyer can assist in helping to sort out the details of your case. 

Get a Handle on the Facts of Rideshare Drivers With Help From the Charleston Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

As Uber and Lyft become more commonplace, so will accidents involving these drivers. To help figure out how to proceed and whether you have a valid case, call the Charleston Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC at 843-727-6500, or contact us online to schedule a free consultation. With office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we gladly serve clients throughout South Carolina. 

 

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Jamestown Man Jailed Following Deadly Hit-and-Run

North Charleston Police have arrested a 24-year-old Jamestown man in connection with a deadly hit-and-run involving a pedestrian last month. He has been charged with reckless homicide and leaving the scene of a collision with death after allegedly striking a pedestrian June 19 at the intersection of Otranto Road and Emmie Street while driving at a high rate of speed. He was booked into the Al Cannon Detention Center and given a $25,000 bond.

In South Carolina, leaving the scene of an accident is a serious crime, especially one that results in injury or death. Drivers are legally required to stop, remain at the scene, render aid, and provide identifying information. Leaving the scene is considered a felony which can carry up to 10 years in prison and up to $10,000 in fines. Leaving the scene of an accident that results in fatalities can result in up to 25 years in prison, up to $25,000 in fines, and automatic revocation of your driver’s license.

Additionally, a charge of reckless homicide is a separate crime with separate criminal penalties, including additional prison time, fines, and a suspended driver’s license. These laws are meant to hold drivers accountable and ensure that victims and their families get the justice they deserve.

If you have lost a loved one in a hit-and-run or other motor vehicle accident, the experienced South Carolina car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can help you seek justice. Call today at 843-727-6500 or contact us online to schedule a free consultation. With office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we gladly serve clients throughout South Carolina.

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