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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.

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

J. David Butler

In Memoriam

James C. Bradley

Member

Jerry Hudson Evans

Of Counsel

Karl E. Novak

Member

Kenneth J. Wilson

Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

Contact Us

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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.

Our Experienced Lawyers

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Christiaan A. Marcum

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How can we help? Fill out the form for a free case review.

Contact Us

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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.

Our Experienced Lawyers

A. Hoyt Rowell, III

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How can we help? Fill out the form for a free case review.

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When you get into a rideshare vehicle, you never quite know the state of the driver who is operating the car. You are literally placing your life in their hands. The driver may not be committed to your safety, and they may do something such as drink before they transport you as a passenger. If […]

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READ MORE

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READ MORE

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READ MORE

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READ MORE

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Charleston’s mild climate may limit winter weather concerns, but the holiday season still presents serious driving risks for local residents and visitors alike. Increased tourism, heavier traffic, rain, fog, and congested bridges all contribute to a higher risk of car accidents during peak travel times. Whether navigating downtown Charleston or traveling along major highways, drivers […]

READ MORE

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If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is […]

READ MORE

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What Happens With Uber and Lyft Accidents Involving Multiple Vehicles?

Accidents involving Uber or Lyft drivers can be complicated enough when only two vehicles are involved. The complexity increases significantly when three or more cars are part of the crash. Multiple insurance companies may become involved, each attempting to limit its liability. If you are injured in a rideshare accident, it is essential to work […]

READ MORE

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Car Accidents Involving Government Vehicles: Who Is Liable?

The rules governing a car accident with a government vehicle do not work the same way as they would if you had been hit by another private driver. Government entities enjoy special protection, and you need to understand these distinctions if you want to protect your rights and receive fair compensation for your injuries and […]

READ MORE

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Driving defensively is not just something that sounds good in a public safety awareness campaign. It is an absolute must for you to stay safe while driving on South Carolina roads. You only have control of your own actions behind the wheel, yet you need to be prepared for others to be both reckless and […]

READ MORE

Nov 11, 2025

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Our attorneys at Rogers, Patrick, Westbrook & Brickman LLC (RPWB) are proud to announce that the firm has been named a 2026 “Best Law Firm” for personal injury law by Best Lawyers, the oldest and most respected peer-reviewed legal publication in the country. Best Lawyers is widely recognized as a trusted guide for those seeking […]

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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.

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

J. David Butler

In Memoriam

James C. Bradley

Member

Jerry Hudson Evans

Of Counsel

Karl E. Novak

Member

Kenneth J. Wilson

Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

Contact Us

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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. 

 

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

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Member

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Associate

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Member

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Member

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Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

Contact Us

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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.

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

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In Memoriam

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Karl E. Novak

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Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

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Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

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Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

Contact Us

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READ MORE

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If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is […]

READ MORE

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Accidents involving Uber or Lyft drivers can be complicated enough when only two vehicles are involved. The complexity increases significantly when three or more cars are part of the crash. Multiple insurance companies may become involved, each attempting to limit its liability. If you are injured in a rideshare accident, it is essential to work […]

READ MORE

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The rules governing a car accident with a government vehicle do not work the same way as they would if you had been hit by another private driver. Government entities enjoy special protection, and you need to understand these distinctions if you want to protect your rights and receive fair compensation for your injuries and […]

READ MORE

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READ MORE

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I Was Rear-Ended: Who Is Responsible?

In most car accident cases, the driver who acted negligently is legally responsible for damages. Negligence is generally defined as failing to exercise reasonable care under the circumstances. In rear-end accidents, there’s a strong legal presumption that the rear driver is at fault, because drivers are expected to maintain a safe following distance.

The Rear Driver Is Usually to Blame

If you were rear-ended, the law typically assumes the other driver was negligent. In many cases, simply proving that you were hit from behind is sufficient to establish liability. The rear driver is usually considered responsible for failing to stop in time or not paying proper attention. As a result, you may be able to move forward with seeking compensation for your injuries without needing to establish fault further—unless the other driver rebuts that presumption.

Can the Front Driver Ever Be at Fault?

Yes, while the rear driver is usually presumed to be at fault, this presumption can be overcome with evidence. The insurance company or defense attorney may argue that the front driver caused or contributed to the crash. Some common arguments that may shift blame include:

  • The front driver suddenly cut off another car.
  • The front vehicle stopped abruptly without warning or necessity.
  • The front driver intentionally “brake-checked” the car behind in an act of road rage or aggression.
  • The front driver had non-functioning brake lights or was driving erratically.

In South Carolina, fault is not automatic, even in a rear-end crash. If the rear driver produces credible evidence that shifts partial blame to you, your compensation could be affected.

How Does Shared Fault Work in South Carolina?

South Carolina follows a modified comparative negligence rule with a 51% bar. This means:

  • If you are 51% or more at fault, you cannot recover any damages.
  • If you are 50% or less at fault, you can recover compensation, but it will be reduced by your percentage of fault.

For example, if you were awarded $100,000 in damages but found to be 20% at fault, your award would be reduced to $80,000.

This is why it’s essential to push back against any attempts to assign you blame, even partial, in a rear-end crash.

Whiplash and Rear-End Accidents

Whiplash is one of the most common injuries sustained in rear-end accidents. It occurs when the head is violently snapped forward and then back, straining the neck muscles and ligaments. While often seen as a “minor” injury, whiplash can lead to long-term pain, limited mobility, and even permanent disability in severe cases.

Unfortunately, insurance companies often try to downplay whiplash claims. They may argue that the injury is exaggerated or not serious. A skilled car accident lawyer can help ensure that your injuries are taken seriously and that you receive full compensation for medical care, pain and suffering, and lost wages.

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

If you’ve been hurt in a rear-end crash or any motor vehicle accident, the experienced Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC are ready to help. We fight for the compensation our clients deserve—whether it’s through negotiations or at trial. Call us today at 843-727-6500 or contact us online to schedule your free consultation. With offices in Charleston, Mt. Pleasant, Aiken, and Columbia, we proudly serve clients across South Carolina.

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

J. David Butler

In Memoriam

James C. Bradley

Member

Jerry Hudson Evans

Of Counsel

Karl E. Novak

Member

Kenneth J. Wilson

Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

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Related Posts

Mar 25, 2026

What Should I Do if My Uber or Lyft Driver Was Impaired and Caused an Accident?

When you get into a rideshare vehicle, you never quite know the state of the driver who is operating the car. You are literally placing your life in their hands. The driver may not be committed to your safety, and they may do something such as drink before they transport you as a passenger. If […]

READ MORE

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Is It Illegal to Drive Too Slowly?

Most drivers understand the dangers of speeding, but fewer people realize that driving too slowly can also create safety concerns. In busy areas such as Charleston, South Carolina, traffic flow plays an important role in preventing car accidents. When a vehicle travels significantly below the normal speed of traffic, it can create confusion, congestion, and […]

READ MORE

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South Carolina is home to several highways known for high accident and fatality rates, putting drivers at increased risk of serious personal injury or death. Heavy commercial traffic, high speeds, rural road conditions, and outdated infrastructure all contribute to dangerous driving environments across the state. From major interstates to heavily traveled state routes, certain roadways […]

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Are Technology and Safety Features in Vehicles a Distraction?

Modern vehicles include advanced technology and safety features designed to improve driving and reduce accidents. Touchscreens, smartphone integration, and driver-assistance systems are now standard in many cars. Although these tools can enhance safety, they may also create new forms of distraction when drivers shift attention away from the road. In South Carolina, understanding how vehicle […]

READ MORE

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How GPS Distraction Leads to Uber/Lyft Car Accidents

Smartphone navigation has transformed rideshare driving, yet constant interaction with GPS apps has introduced apparent safety concerns. Uber and Lyft drivers depend on turn-by-turn directions, rerouting alerts, and passenger pickup prompts while operating in dense traffic. Although these tools improve efficiency, frequent visual and cognitive demands from GPS distraction interfere with safe driving, particularly on […]

READ MORE

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What Happens if I Was in a Car Accident Caused by a Distracted Driver in Mt. Pleasant?

Distracted driving is a major cause of car accidents in Mt. Pleasant, SC. Drivers who take their eyes off the road, hands off the wheel, or minds off driving can put everyone around them at risk. Even a brief distraction can lead to serious injuries or significant property damage. If you have been hurt by […]

READ MORE

Dec 18, 2025

Elderly Pedestrian Struck and Killed on King Street in Mount Pleasant

On Monday, an elderly Charleston woman died after being struck by a car on King Street near Mount Pleasant Street. According to police, a vehicle exiting the parking lot at 1200 King Street hit the woman as she was crossing from the sidewalk. She was pronounced dead at the scene.  Currently, no charges are pending […]

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Holiday Driving Safety Tips for Charleston, South Carolina

Charleston’s mild climate may limit winter weather concerns, but the holiday season still presents serious driving risks for local residents and visitors alike. Increased tourism, heavier traffic, rain, fog, and congested bridges all contribute to a higher risk of car accidents during peak travel times. Whether navigating downtown Charleston or traveling along major highways, drivers […]

READ MORE

Dec 04, 2025

Suing Uber or Lyft After an Accident in Mt. Pleasant

If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is […]

READ MORE

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What Happens With Uber and Lyft Accidents Involving Multiple Vehicles?

Accidents involving Uber or Lyft drivers can be complicated enough when only two vehicles are involved. The complexity increases significantly when three or more cars are part of the crash. Multiple insurance companies may become involved, each attempting to limit its liability. If you are injured in a rideshare accident, it is essential to work […]

READ MORE

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Car Accidents Involving Government Vehicles: Who Is Liable?

The rules governing a car accident with a government vehicle do not work the same way as they would if you had been hit by another private driver. Government entities enjoy special protection, and you need to understand these distinctions if you want to protect your rights and receive fair compensation for your injuries and […]

READ MORE

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How Do I Stay Safe While Driving on South Carolina Roads?

Driving defensively is not just something that sounds good in a public safety awareness campaign. It is an absolute must for you to stay safe while driving on South Carolina roads. You only have control of your own actions behind the wheel, yet you need to be prepared for others to be both reckless and […]

READ MORE

Nov 11, 2025

Rogers, Patrick, Westbrook & Brickman LLC Named a 2026 Best Law Firm

Our attorneys at Rogers, Patrick, Westbrook & Brickman LLC (RPWB) are proud to announce that the firm has been named a 2026 “Best Law Firm” for personal injury law by Best Lawyers, the oldest and most respected peer-reviewed legal publication in the country. Best Lawyers is widely recognized as a trusted guide for those seeking […]

READ MORE

Can Prescription Medication Increase Your Car Accident Risk?

Prescription medications help millions of people manage their health issues every day. But some of these same medications could make driving much riskier, even when taken exactly as prescribed. Unfortunately, many drivers never think about this risk until it is too late and are involved in a car accident.

What Makes Prescription Drugs Risky When You Are Driving?

Prescription drugs can make you sleepy, slow your reaction time, or even blur your vision. You might not notice these side effects, but they can make it much harder to drive safely, all the same. Even if you feel awake, your medication can still impair your reflexes and decision-making.

Other meds can cloud your thinking, make it harder to concentrate, and affect your ability to react quickly to what is happening on the road. Some can also mess with your coordination, making it tough to steer, stay in your lane, or judge distances.

Which Prescription Medications Are the Most Concerning for Drivers?

Here are some of the medications most well-known for causing issues for drivers:

  • Benzodiazepines (like Xanax or Valium), used for anxiety or sleep, can make you drowsy and slow your reactions.
  • Opioid painkillers can help with pain, but they can also make you sleepy and slow down your thinking and movement.
  • Antidepressants sometimes cause dizziness or blurred vision.
  • Sleep medications (like Ambien) help you rest, but their effects can last into the next day, leaving you less alert than you think.

How Often Do Prescription Drugs Play a Role in Car Accidents?

According to the data, a significant number of people involved in car crashes were taking prescription medications at the time. Some experts believe prescription drug impairment now causes more accidents than alcohol, and the risk of complications goes up as you get older, especially if you need to take more than one prescription at a time. 

Is It Legal to Drive While Taking Prescription Medication?

Just because you have a prescription, it does not mean that the law allows you to drive while under the influence of medication. In fact, South Carolina law prohibits you from driving with any substance in your system—including prescription drugs—that affects your ability to operate a vehicle safely.

The state can charge you with DUI if your medication impairs your ability to drive and causes a crash, even if you take it exactly as your doctor ordered. Your consequences could include fines, losing your license, or even jail time if you cause an accident. Plus, you could bear responsibility for any injuries or damage you cause.

How Can You Stay Safe on the Road?

  • Always read the warning labels on your medications and ask your doctor or pharmacist about any side effects that could affect your driving.
  • Try new medications when you do not have to drive so you can see how they affect you.
  • Never mix your medication with alcohol.
  • Plan ahead for rides if you know your medication might make you drowsy or less alert.
  • Listen to your body—if you feel off, do not get behind the wheel.

Protect Your Rights After a Medication-Induced Car Accident With the Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you or someone you love gets into a crash because of the influence of prescription medication, trust the Mt. Pleasant car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC to help you understand your options. Since 2002, we have helped people throughout South Carolina stand up for their rights after serious accidents. For a free consultation, call us today at 843-727-6500 or contact us online. With office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we gladly serve clients throughout South Carolina. 

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

J. David Butler

In Memoriam

James C. Bradley

Member

Jerry Hudson Evans

Of Counsel

Karl E. Novak

Member

Kenneth J. Wilson

Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

Contact Us

Case Types

Related Posts

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What Should I Do if My Uber or Lyft Driver Was Impaired and Caused an Accident?

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READ MORE

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Is It Illegal to Drive Too Slowly?

Most drivers understand the dangers of speeding, but fewer people realize that driving too slowly can also create safety concerns. In busy areas such as Charleston, South Carolina, traffic flow plays an important role in preventing car accidents. When a vehicle travels significantly below the normal speed of traffic, it can create confusion, congestion, and […]

READ MORE

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Potholes have the ability to cause serious injuries in a car accident. A driver can either run over the pothole and lose control of their vehicle, or they could swerve to avoid it and end up off the roadway or in the path of another car. In that event, your lawsuit may be against the […]

READ MORE

Feb 17, 2026

What Are the Most Dangerous Highways in South Carolina?

South Carolina is home to several highways known for high accident and fatality rates, putting drivers at increased risk of serious personal injury or death. Heavy commercial traffic, high speeds, rural road conditions, and outdated infrastructure all contribute to dangerous driving environments across the state. From major interstates to heavily traveled state routes, certain roadways […]

READ MORE

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What Should Drivers Know About Intersection Accidents and Right-of-Way Disputes?

Intersections are some of the most dangerous locations on South Carolina roadways. Whether at a rural four-way stop, a busy urban traffic light, or a confusing yield lane, drivers must rely on right-of-way rules to determine who can proceed safely. When those rules are misunderstood or ignored, car accidents occur. Intersection and right-of-way disputes often […]

READ MORE

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Are Technology and Safety Features in Vehicles a Distraction?

Modern vehicles include advanced technology and safety features designed to improve driving and reduce accidents. Touchscreens, smartphone integration, and driver-assistance systems are now standard in many cars. Although these tools can enhance safety, they may also create new forms of distraction when drivers shift attention away from the road. In South Carolina, understanding how vehicle […]

READ MORE

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Smartphone navigation has transformed rideshare driving, yet constant interaction with GPS apps has introduced apparent safety concerns. Uber and Lyft drivers depend on turn-by-turn directions, rerouting alerts, and passenger pickup prompts while operating in dense traffic. Although these tools improve efficiency, frequent visual and cognitive demands from GPS distraction interfere with safe driving, particularly on […]

READ MORE

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What Happens if I Was in a Car Accident Caused by a Distracted Driver in Mt. Pleasant?

Distracted driving is a major cause of car accidents in Mt. Pleasant, SC. Drivers who take their eyes off the road, hands off the wheel, or minds off driving can put everyone around them at risk. Even a brief distraction can lead to serious injuries or significant property damage. If you have been hurt by […]

READ MORE

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Elderly Pedestrian Struck and Killed on King Street in Mount Pleasant

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Holiday Driving Safety Tips for Charleston, South Carolina

Charleston’s mild climate may limit winter weather concerns, but the holiday season still presents serious driving risks for local residents and visitors alike. Increased tourism, heavier traffic, rain, fog, and congested bridges all contribute to a higher risk of car accidents during peak travel times. Whether navigating downtown Charleston or traveling along major highways, drivers […]

READ MORE

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If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is […]

READ MORE

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Accidents involving Uber or Lyft drivers can be complicated enough when only two vehicles are involved. The complexity increases significantly when three or more cars are part of the crash. Multiple insurance companies may become involved, each attempting to limit its liability. If you are injured in a rideshare accident, it is essential to work […]

READ MORE

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READ MORE

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READ MORE

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READ MORE

Top Causes of Uber and Lyft Accidents in Charleston and How to Protect Your Rights

Charleston’s historic charm and busy tourism scene make rideshare services like Uber and Lyft a popular choice for locals and visitors alike. But with more rideshare drivers on the road comes a higher risk of crashes, and determining who’s responsible in a rideshare accident can be far more complicated than a typical car wreck.

At Rogers, Patrick, Westbrook & Brickman LLC, we’ve seen how devastating these crashes can be for passengers, pedestrians, and other motorists. Understanding the top causes of Uber and Lyft accidents in Charleston can help you stay safe and know what to do if you’re injured.

Distracted Driving

Whether it’s checking the GPS, responding to app alerts, or messaging passengers, Uber and Lyft drivers are often pulled in multiple directions. Unfortunately, this type of multitasking while driving is a major cause of rideshare crashes. Even a few seconds of inattention can result in a serious rear-end or side-impact collision on Charleston’s busy downtown streets or congested highways like I-26.

Fatigue Behind the Wheel

Rideshare drivers frequently work long shifts, especially during peak times like evenings and weekends. Some even drive for both Uber and Lyft on the same day. Fatigue can impair reaction time, reduce focus, and increase the likelihood of falling asleep behind the wheel—all of which endanger everyone on the road.

Speeding and Reckless Driving

To maximize earnings, some drivers may speed to fit in more rides. Others might weave in and out of traffic or make unsafe lane changes to reach passengers quickly. These actions can lead to collisions, especially in high-traffic areas like King Street, Meeting Street, or near the Charleston City Market.

Inexperienced or Poorly Trained Drivers

Unlike commercial drivers, Uber and Lyft operators aren’t required to undergo formal driver training. Inexperience with Charleston’s traffic patterns, construction zones, or tourist-heavy areas can increase the risk of errors, especially during rush hour or events like Spoleto Festival USA or the Cooper River Bridge Run.

Poor Vehicle Maintenance

Uber and Lyft drivers are responsible for maintaining their own vehicles. Unfortunately, not all drivers prioritize safety checks. Bald tires, faulty brakes, or malfunctioning lights can all contribute to avoidable accidents. In some cases, the rideshare company may share liability if it failed to properly screen or suspend a driver with a history of unsafe vehicle conditions.

What to Do If You’re Hurt in a Rideshare Crash

Whether you were a passenger, another driver, or a pedestrian injured by an Uber or Lyft, it’s crucial to take the following steps:

  • Report the crash immediately and request medical attention if needed.
  • Document the scene, including vehicle damage, license plates, and rideshare app screenshots.
  • Don’t assume Uber or Lyft’s insurance will cover you fully—these companies have layered insurance policies that can be difficult to navigate without legal guidance.

Call a Charleston Uber and Lyft Accident Lawyer at Rogers, Patrick, Westbrook & Brickman LLC

Rideshare accidents often involve multiple parties, from drivers to companies to insurers, all pointing fingers to avoid blame. At Rogers, Patrick, Westbrook & Brickman LLC, our Charleston Uber and Lyft accident lawyers understand how to build strong cases that hold the right parties accountable. If you were injured in an Uber or Lyft crash, we’ll fight to get you the compensation you deserve for medical bills, lost income, and pain and suffering. Call 843-727-6500 or contact us online for a free consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients throughout the state.

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

J. David Butler

In Memoriam

James C. Bradley

Member

Jerry Hudson Evans

Of Counsel

Karl E. Novak

Member

Kenneth J. Wilson

Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

How can we help? Fill out the form for a free case review.

Contact Us

Case Types

Related Posts

Mar 25, 2026

What Should I Do if My Uber or Lyft Driver Was Impaired and Caused an Accident?

When you get into a rideshare vehicle, you never quite know the state of the driver who is operating the car. You are literally placing your life in their hands. The driver may not be committed to your safety, and they may do something such as drink before they transport you as a passenger. If […]

READ MORE

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Is It Illegal to Drive Too Slowly?

Most drivers understand the dangers of speeding, but fewer people realize that driving too slowly can also create safety concerns. In busy areas such as Charleston, South Carolina, traffic flow plays an important role in preventing car accidents. When a vehicle travels significantly below the normal speed of traffic, it can create confusion, congestion, and […]

READ MORE

Feb 20, 2026

A Pothole Caused My Car Accident – What Next?

Potholes have the ability to cause serious injuries in a car accident. A driver can either run over the pothole and lose control of their vehicle, or they could swerve to avoid it and end up off the roadway or in the path of another car. In that event, your lawsuit may be against the […]

READ MORE

Feb 17, 2026

What Are the Most Dangerous Highways in South Carolina?

South Carolina is home to several highways known for high accident and fatality rates, putting drivers at increased risk of serious personal injury or death. Heavy commercial traffic, high speeds, rural road conditions, and outdated infrastructure all contribute to dangerous driving environments across the state. From major interstates to heavily traveled state routes, certain roadways […]

READ MORE

Jan 29, 2026

What Should Drivers Know About Intersection Accidents and Right-of-Way Disputes?

Intersections are some of the most dangerous locations on South Carolina roadways. Whether at a rural four-way stop, a busy urban traffic light, or a confusing yield lane, drivers must rely on right-of-way rules to determine who can proceed safely. When those rules are misunderstood or ignored, car accidents occur. Intersection and right-of-way disputes often […]

READ MORE

Jan 21, 2026

Are Technology and Safety Features in Vehicles a Distraction?

Modern vehicles include advanced technology and safety features designed to improve driving and reduce accidents. Touchscreens, smartphone integration, and driver-assistance systems are now standard in many cars. Although these tools can enhance safety, they may also create new forms of distraction when drivers shift attention away from the road. In South Carolina, understanding how vehicle […]

READ MORE

Jan 13, 2026

How GPS Distraction Leads to Uber/Lyft Car Accidents

Smartphone navigation has transformed rideshare driving, yet constant interaction with GPS apps has introduced apparent safety concerns. Uber and Lyft drivers depend on turn-by-turn directions, rerouting alerts, and passenger pickup prompts while operating in dense traffic. Although these tools improve efficiency, frequent visual and cognitive demands from GPS distraction interfere with safe driving, particularly on […]

READ MORE

Jan 02, 2026

What Happens if I Was in a Car Accident Caused by a Distracted Driver in Mt. Pleasant?

Distracted driving is a major cause of car accidents in Mt. Pleasant, SC. Drivers who take their eyes off the road, hands off the wheel, or minds off driving can put everyone around them at risk. Even a brief distraction can lead to serious injuries or significant property damage. If you have been hurt by […]

READ MORE

Dec 18, 2025

Elderly Pedestrian Struck and Killed on King Street in Mount Pleasant

On Monday, an elderly Charleston woman died after being struck by a car on King Street near Mount Pleasant Street. According to police, a vehicle exiting the parking lot at 1200 King Street hit the woman as she was crossing from the sidewalk. She was pronounced dead at the scene.  Currently, no charges are pending […]

READ MORE

Dec 17, 2025

Holiday Driving Safety Tips for Charleston, South Carolina

Charleston’s mild climate may limit winter weather concerns, but the holiday season still presents serious driving risks for local residents and visitors alike. Increased tourism, heavier traffic, rain, fog, and congested bridges all contribute to a higher risk of car accidents during peak travel times. Whether navigating downtown Charleston or traveling along major highways, drivers […]

READ MORE

Dec 04, 2025

Suing Uber or Lyft After an Accident in Mt. Pleasant

If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is […]

READ MORE

Nov 21, 2025

What Happens With Uber and Lyft Accidents Involving Multiple Vehicles?

Accidents involving Uber or Lyft drivers can be complicated enough when only two vehicles are involved. The complexity increases significantly when three or more cars are part of the crash. Multiple insurance companies may become involved, each attempting to limit its liability. If you are injured in a rideshare accident, it is essential to work […]

READ MORE

Nov 20, 2025

Car Accidents Involving Government Vehicles: Who Is Liable?

The rules governing a car accident with a government vehicle do not work the same way as they would if you had been hit by another private driver. Government entities enjoy special protection, and you need to understand these distinctions if you want to protect your rights and receive fair compensation for your injuries and […]

READ MORE

Nov 13, 2025

How Do I Stay Safe While Driving on South Carolina Roads?

Driving defensively is not just something that sounds good in a public safety awareness campaign. It is an absolute must for you to stay safe while driving on South Carolina roads. You only have control of your own actions behind the wheel, yet you need to be prepared for others to be both reckless and […]

READ MORE

Nov 11, 2025

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Our attorneys at Rogers, Patrick, Westbrook & Brickman LLC (RPWB) are proud to announce that the firm has been named a 2026 “Best Law Firm” for personal injury law by Best Lawyers, the oldest and most respected peer-reviewed legal publication in the country. Best Lawyers is widely recognized as a trusted guide for those seeking […]

READ MORE

Road Rage and Car Accidents in South Carolina: When Aggression Leads to Injury

We’ve all experienced it: the frustration of heavy traffic, the annoyance of someone cutting you off, or the intimidation of a tailgater. That surge of adrenaline and urge to retaliate is a common human reaction. However, when these everyday frustrations escalate into dangerous and deliberate aggression, they transform into road rage. 

In South Carolina, where our roads can be bustling, such behavior can lead to severe car accidents, turning lives upside down and creating complex legal challenges for victims. Understanding road rage and how to respond is crucial for your safety and legal protection.

What Is Road Rage and How Does It Differ From Aggressive Driving?

Road rage occurs when drivers lose control of their emotions and act with a deliberate intent to intimidate, threaten, or even harm other drivers. This goes beyond simple impatience or carelessness. Examples of road rage include intentionally blocking another vehicle’s lane change, angrily blaring a horn with malicious intent rather than as a safety warning, dangerously tailgating to scare another driver, shouting profanities or making obscene gestures, or even exiting a vehicle to physically confront another motorist. 

The critical distinction lies in intent: while aggressive driving might stem from recklessness or impatience, road rage involves a conscious effort to punish, scare, or injure others.

How Common Is Road Rage in South Carolina?

While precise, up-to-the-minute statistics on road rage incidents in South Carolina specifically can vary by study and methodology, nationwide data consistently indicates that aggressive driving behaviors are prevalent. Most drivers report witnessing or engaging in some form of aggressive driving. Studies suggest that a significant percentage of drivers across the U.S. frequently encounter road rage incidents. 

For instance, national surveys by organizations like the AAA Foundation for Traffic Safety have indicated that a high percentage of drivers have been involved in or witnessed aggressive driving behaviors, with a notable portion experiencing direct confrontations.

What Causes Drivers to Engage in Road Rage Behaviors?

Road rage is rarely solely a reaction to an isolated incident on the road. More often, drivers who explode in anger are already carrying unresolved stress, frustration, or personal issues before they even get behind the wheel. When another driver performs an annoying maneuver, such as cutting them off, driving too slowly, or taking a perceived “parking spot,” it can serve as a trigger, causing all that pent-up frustration to erupt. Unfortunately, individuals who consistently lose their temper on the road often exhibit these behaviors repeatedly throughout their driving lives, indicating a deeper, ongoing issue with anger management or stress coping.

What Should You Do if You Encounter an Aggressive Driver?

When you encounter an aggressive driver, never retaliate or attempt to “teach them a lesson.” Such responses can quickly escalate a minor incident into a dangerous confrontation. Instead, prioritize your safety:

  • Breathe and Focus: Take a deep breath and concentrate on safely maneuvering your vehicle away from the aggressive driver.
  • Do Not Go Home: If the aggressive driver attempts to follow you, do not drive to your residence. Instead, proceed to a public and busy location such as a gas station, shopping center, or police station.
  • Stay Secure: Keep your vehicle doors locked and windows up. Avoid making eye contact with the angry driver, as they might interpret it as a challenge.
  • Call for Help: If the situation escalates or you feel threatened, call 911 immediately. Try to remember details about the other vehicle (make, model, color, license plate number) and the driver’s description, but do not put yourself at further risk by exiting your car to get this information.

In South Carolina, behaviors associated with road rage can lead to various legal consequences, ranging from traffic tickets for aggressive driving offenses to serious criminal charges. If a driver intentionally rams your car, forces you off the road, or exits their vehicle to threaten you, they could face criminal charges like reckless driving, assault and battery (potentially with a deadly weapon if the vehicle is used as such), or even reckless homicide in cases resulting in death. The more severe the aggressive act, the harsher the potential criminal penalties.

How Can You Protect Yourself After a Road Rage Accident?

If you’ve been involved in an accident due to another driver’s road rage, prioritize your safety and legal standing:

  • Do Not Confront: Under no circumstances should you get out of your vehicle and confront the other driver.
  • Safety First: Pull over to a safe location, activate your hazard lights, and immediately call the police. Remain inside your car with the doors locked until law enforcement arrives.
  • Report Aggression: When the police arrive, provide them with a complete account of the incident, including all details of the aggressive driving behavior that led to the crash. This information is crucial for your police report and any subsequent legal action.
  • Seek Medical Attention: See a doctor as soon as possible after the accident, even if you feel fine. Adrenaline can mask symptoms of serious internal injuries, and a prompt medical evaluation creates an official record of your condition.

Get Help From the Charleston Personal Injury Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

You do not have to deal with the aftermath of a road rage incident alone. The Charleston personal injury lawyers at Rogers, Patrick, Westbrook & Brickman LLC are dedicated to guiding you through every step of the legal process. For a free, confidential consultation to discuss your case, call us today at 843-727-6500 or contact us online. With office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we proudly serve clients throughout the state.

Our Experienced Lawyers

A. Hoyt Rowell, III

Member

Aaron R. Dias

Member

Caleb Hodge

Associate

Charles W. Patrick, Jr.

Of Counsel

Christiaan A. Marcum

Member

Courtney N. Rudolph

Associate

D. Charles Dukes

In Memoriam

Deon Tedder

Associate

Edward J. Westbrook

Of Counsel

Elizabeth Middleton Burke

Member

Gregory A. Lofstead

Member

J. David Butler

In Memoriam

James C. Bradley

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Jerry Hudson Evans

Of Counsel

Karl E. Novak

Member

Kenneth J. Wilson

Member

Kimberly Keevers Palmer

Member

Matthew A. Nickles

Member

Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

Member

T. Christopher Tuck

Member

Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

Founding Member (Retired)

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