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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

Gordon C. Rhea

Of Counsel

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

Member

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.

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What Is a Wrongful Death Claim?

Losing a loved one is devastating. When that loss is caused by someone else’s negligence or wrongdoing, the grief can be compounded by anger and confusion. In these tragic circumstances, South Carolina law allows families to seek justice through a wrongful death claim.

If your loved one could have filed a personal injury lawsuit had they survived, their estate—and ultimately, their surviving family—may be entitled to pursue a wrongful death lawsuit instead.

How Is a Wrongful Death Lawsuit Different from a Criminal Case?

Wrongful death claims are civil lawsuits, not criminal prosecutions. That means they are focused on compensating the family for their losses rather than punishing the responsible party with jail time.

Another key difference is the burden of proof:

  • In a criminal trial, the state must prove guilt beyond a reasonable doubt.
  • In a civil wrongful death case, families only need to show that the defendant was more likely than not responsible for the death.

This lower burden of proof often makes it possible to hold a party accountable in civil court, even if there is no criminal conviction.

What Must Be Proven in a Wrongful Death Claim?

To successfully pursue a wrongful death claim in South Carolina, the following elements must be established:

  • Duty of Care: The defendant owed your loved one a legal duty (e.g., driving safely, providing competent medical treatment, or maintaining a safe environment).
  • Breach of Duty: The defendant failed to meet that duty through negligence or intentional actions.
  • Causation: The breach of duty directly caused your loved one’s death.
  • Damages: The death caused measurable losses to the surviving family, such as financial, emotional, or relational harm.

What Situations Commonly Lead to Wrongful Death Lawsuits?

Wrongful death claims in Charleston and throughout South Carolina arise in many different situations, including:

  • Motor Vehicle Crashes: Fatalities from car, truck, motorcycle, and pedestrian accidents caused by distracted driving, speeding, intoxicated drivers, or hazardous road conditions.
  • Medical Malpractice: Misdiagnoses, surgical errors, anesthesia complications, birth injuries, and other preventable medical mistakes.
  • Workplace Accidents: Fatal falls, machinery failures, toxic exposures, or safety violations—particularly in high-risk industries like construction and manufacturing.
  • Defective Products: Dangerous pharmaceuticals, faulty medical devices, unsafe consumer goods, and automotive defects that result in fatal injuries.

It’s important to note that only the personal representative of the deceased’s estate—typically the executor or administrator—has the authority to file the lawsuit. Any compensation awarded will be distributed to eligible surviving family members, such as a spouse, children, parents, or next of kin. If beneficiaries are minors, a legal guardian manages their portion.

What Types of Compensation May Be Available?

South Carolina law allows families to recover a range of damages in a wrongful death case, including:

  • Economic Damages: These cover tangible financial losses, such as funeral and burial costs, medical expenses, lost income, and loss of household contributions.
  • Non-Economic Damages: These compensate for emotional and personal losses, including pain and suffering, mental anguish, and the loss of companionship, guidance, and support.
  • Punitive Damages: In cases involving particularly reckless or intentional conduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior.

Every case is unique, and the amount of compensation depends on the facts, evidence, and impact the loss has had on the family.

Compassionate Guidance from Charleston Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

Navigating a wrongful death claim while grieving is never easy. At Rogers, Patrick, Westbrook & Brickman LLC, we understand the emotional and legal complexity of these cases. Our Charleston wrongful death lawyers are committed to providing the respectful, compassionate, and effective legal representation you need. Call 843-727-6500 or complete our online contact form 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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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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READ MORE

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READ MORE

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In most cases, your legal claim for compensation after you have been hurt in a car accident would be against the other driver who was involved in the crash. However, there may be certain rare instances in which there could be other or additional parties in your case. There may be times when your car […]

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Distracted driving has turned into one of the leading causes of motor vehicle accidents in Charleston and throughout South Carolina. This dangerous behavior involves any activity that diverts a driver’s attention from the primary task of operating a vehicle safely.  What Are the Three Main Categories of Distracted Driving? The National Highway Traffic Safety Administration […]

READ MORE

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READ MORE

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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 […]

READ MORE

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READ MORE

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READ MORE

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

Gordon C. Rhea

Of Counsel

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

Member

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

Contact Us

Case Types

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What Is Loss of Consortium in a Wrongful Death Case?

Losing someone you love because of negligence goes far beyond financial hardship—you lose the irreplaceable bond you shared with that person. South Carolina recognizes this profound reality, which is why loss of consortium damages play an important role in helping grieving families seek justice. Loss of consortium refers to compensation for losing the special relationship […]

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Johnson & Johnson Ordered to Pay $996 Million in Talc Powder Lawsuit

A Los Angeles jury ordered Johnson & Johnson to pay $966 million to the family of a woman who claimed the company’s talcum powder products contained asbestos fibers that caused her rare cancer, mesothelioma. She died in 2021 at age 88. The jury ordered Johnson & Johnson to pay her surviving family members $16 million […]

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Road Debris Caused My Car Accident: What Do I Do?

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READ MORE

Oct 03, 2025

Richland County Hit-and-Run Claims Life of 11-Year-Old Child

An 11-year-old from Gadsden was killed early Wednesday morning after being struck by a vehicle in a hit-and-run incident. Authorities report that the collision took place around 6:30 a.m. on Bluff Road near BlackBerry Road. The 55-year-old driver of Gadsden initially left the scene but was quickly located by law enforcement. He faces charges for […]

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What Are the Different Types of Distracted Driving?

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Most Common Car Accident Claims in Charleston

Car accidents are one of the most common causes of personal injury claims in Charleston and across South Carolina. With busy intersections downtown, heavy traffic on I-26 and Highway 17, and an influx of tourists unfamiliar with local roads, crashes can happen anywhere and at any time. Unfortunately, these accidents often leave victims with serious […]

READ MORE

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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 […]

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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 […]

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Dealing With Insurance Companies After a Fatal Charleston Car Accident

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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

Gordon C. Rhea

Of Counsel

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

Member

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

Contact Us

Case Types

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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 […]

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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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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

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READ MORE

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READ MORE

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Losing someone you love because of negligence goes far beyond financial hardship—you lose the irreplaceable bond you shared with that person. South Carolina recognizes this profound reality, which is why loss of consortium damages play an important role in helping grieving families seek justice. Loss of consortium refers to compensation for losing the special relationship […]

READ MORE

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READ MORE

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READ MORE

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An 11-year-old from Gadsden was killed early Wednesday morning after being struck by a vehicle in a hit-and-run incident. Authorities report that the collision took place around 6:30 a.m. on Bluff Road near BlackBerry Road. The 55-year-old driver of Gadsden initially left the scene but was quickly located by law enforcement. He faces charges for […]

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READ MORE

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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 […]

READ MORE

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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 […]

READ MORE

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Steps to Take After a Loved One Dies in a Preventable Accident in Charleston

Losing someone you love is always devastating—but when that loss is caused by someone else’s carelessness, the grief is compounded by anger and unanswered questions. Whether it was a car crash, a slip and fall on dangerous property, or a fatal workplace incident, wrongful death leaves families with emotional pain and legal uncertainty.

At Rogers, Patrick, Westbrook & Brickman LLC, we help Charleston families seek justice after a preventable death. If you’re facing this difficult situation, here are the key steps to take to protect your rights and preserve your ability to file a wrongful death claim.

  1. Prioritize Your Family’s Immediate Needs

In the aftermath of a sudden death, it’s essential to take care of urgent matters first—this includes notifying close family, arranging for the care of any dependents, and making funeral or memorial plans. While a legal case may eventually become necessary, your well-being and emotional support come first.

Charleston offers a number of grief resources and support groups. Seeking counseling or pastoral care can help families begin the long process of healing.

  1. Request a Death Certificate and Medical Records

Obtaining a certified copy of the death certificate is essential for both legal and financial reasons. You may also need to request medical records or incident reports, depending on how the death occurred. These documents can later serve as evidence if you pursue a wrongful death claim.

If the death occurred as a result of a car crash or workplace accident, police or incident reports may also be available. These can include crucial details about fault, witnesses, and contributing factors.

  1. Preserve Any Evidence Related to the Incident

If your loved one died in a crash, at a job site, in a hospital, or on someone else’s property, try to preserve any documentation, photos, or communications related to the incident. This could include:

  • Accident scene photos
  • Eyewitness contact information
  • Texts or emails exchanged around the time of the event
  • Medical bills or discharge papers

Evidence can disappear quickly. The sooner you act, the better your chance of building a strong case later.

  1. Avoid Speaking with Insurance Adjusters Without Legal Counsel

Insurance companies are often involved in wrongful death cases, especially if the death resulted from a car accident, defective product, or negligence on someone’s property. While they may sound sympathetic, insurance adjusters are trained to minimize payouts.

Do not give a recorded statement or accept a settlement offer without consulting an attorney. You may unknowingly waive your right to future compensation.

  1. Speak to a Charleston Wrongful Death Lawyer

Wrongful death claims in South Carolina are complex and time-sensitive. You may be eligible to recover damages for funeral expenses, lost income, medical bills, and loss of companionship. However, you’ll need to act quickly—the statute of limitations for most wrongful death lawsuits in South Carolina is three years from the date of death.

At Rogers, Patrick, Westbrook & Brickman LLC, we offer compassionate legal representation grounded in decades of experience. We understand how to investigate fatal incidents, identify liable parties, and fight for full compensation on behalf of grieving families.

Don’t Face This Alone—Contact Our Charleston Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

No amount of money can bring back the person you lost. But a wrongful death claim can hold negligent individuals or companies accountable and ease the financial burden on your family during an already difficult time. If someone else’s actions—or failure to act—caused your loved one’s death, contact Rogers, Patrick, Westbrook & Brickman LLC today. Our Charleston wrongful death lawyers are ready to listen, answer your questions, and help you move forward with strength and confidence. 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

Gordon C. Rhea

Of Counsel

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

Member

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

Contact Us

Case Types

Related Posts

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

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

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Ridesharing has become a convenient way to get around Mt. Pleasant, but accidents involving Uber and Lyft drivers can still happen. If you are a passenger, driver, or even a pedestrian involved in a rideshare accident, it’s essential to know what steps to take immediately. Acting quickly and correctly can protect your health, your legal […]

READ MORE

Oct 22, 2025

What Is Loss of Consortium in a Wrongful Death Case?

Losing someone you love because of negligence goes far beyond financial hardship—you lose the irreplaceable bond you shared with that person. South Carolina recognizes this profound reality, which is why loss of consortium damages play an important role in helping grieving families seek justice. Loss of consortium refers to compensation for losing the special relationship […]

READ MORE

Oct 10, 2025

Johnson & Johnson Ordered to Pay $996 Million in Talc Powder Lawsuit

A Los Angeles jury ordered Johnson & Johnson to pay $966 million to the family of a woman who claimed the company’s talcum powder products contained asbestos fibers that caused her rare cancer, mesothelioma. She died in 2021 at age 88. The jury ordered Johnson & Johnson to pay her surviving family members $16 million […]

READ MORE

Oct 09, 2025

Road Debris Caused My Car Accident: What Do I Do?

In most cases, your legal claim for compensation after you have been hurt in a car accident would be against the other driver who was involved in the crash. However, there may be certain rare instances in which there could be other or additional parties in your case. There may be times when your car […]

READ MORE

Oct 03, 2025

Richland County Hit-and-Run Claims Life of 11-Year-Old Child

An 11-year-old from Gadsden was killed early Wednesday morning after being struck by a vehicle in a hit-and-run incident. Authorities report that the collision took place around 6:30 a.m. on Bluff Road near BlackBerry Road. The 55-year-old driver of Gadsden initially left the scene but was quickly located by law enforcement. He faces charges for […]

READ MORE

Oct 03, 2025

What Are the Different Types of Distracted Driving?

Distracted driving has turned into one of the leading causes of motor vehicle accidents in Charleston and throughout South Carolina. This dangerous behavior involves any activity that diverts a driver’s attention from the primary task of operating a vehicle safely.  What Are the Three Main Categories of Distracted Driving? The National Highway Traffic Safety Administration […]

READ MORE

Sep 26, 2025

Most Common Car Accident Claims in Charleston

Car accidents are one of the most common causes of personal injury claims in Charleston and across South Carolina. With busy intersections downtown, heavy traffic on I-26 and Highway 17, and an influx of tourists unfamiliar with local roads, crashes can happen anywhere and at any time. Unfortunately, these accidents often leave victims with serious […]

READ MORE

Sep 10, 2025

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 […]

READ MORE

Sep 10, 2025

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 […]

READ MORE

Aug 26, 2025

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 […]

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

Gordon C. Rhea

Of Counsel

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

Member

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

Contact Us

Case Types

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Ridesharing has become a convenient way to get around Mt. Pleasant, but accidents involving Uber and Lyft drivers can still happen. If you are a passenger, driver, or even a pedestrian involved in a rideshare accident, it’s essential to know what steps to take immediately. Acting quickly and correctly can protect your health, your legal […]

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READ MORE

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READ MORE

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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

Gordon C. Rhea

Of Counsel

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

Member

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

Contact Us

Case Types

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READ MORE

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READ MORE

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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 […]

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Hit by a Distracted Driver: Your Rights and Options in South Carolina

Whether through texting, talking on the phone, eating, or adjusting the radio, distracted driving has turned into an epidemic on South Carolina roads. Anything that takes your mental focus off the hazards in front of you poses serious risks to everyone sharing the roadway. If you suffered injuries in an accident with a distracted driver, you may have legal grounds to claim compensation for your injuries. 

What Constitutes Distracted Driving in South Carolina?

South Carolina defines distracted driving as “an activity that diverts a person’s attention away from the primary task of driving.” Courts have interpreted these activities to include texting, using a cell phone, eating, and putting on makeup.

These distractions generally fall into three categories:

  • Visual distractions take your eyes off the road
  • Manual distractions take your hands off the wheel
  • Cognitive distractions take your mind off the task of driving

Texting involves all three categories, which makes it a particularly dangerous form of distracted driving.

What Should I Do Immediately After Being Hit by a Distracted Driver?

If a distracted driver crashes with you or your car and injures you, prioritize your health and safety by getting to a secure location and calling 911. If you can, take photos of the accident scene, vehicle damage, and any visible injuries.

Exchange contact and insurance details with the other driver, as well as with any witnesses. Notify your insurance company about the accident, but never admit fault or volunteer any information beyond what your insurance company asks.

How Can I Prove the Other Driver Was Distracted?

To claim compensation for the injuries you suffered in your collision, you need to prove that the other driver engaged in distracted driving. While it is possible, you will need several pieces of critical evidence: 

  • Cell phone records can show if the driver was texting or on a call at the time of the accident.
  • Witness statements can document whether the driver was looking down at a phone or engaging in other distracting activities before the collision. 
  • Video footage from traffic cameras, dashcams, or nearby security cameras might have captured the driver’s behavior. 
  • Black box data from the cars can show evidence of erratic driving patterns that may indicate distracted vehicle operation. 

If you succeed in your personal injury claim against the at-fault driver, the compensation you receive can cover your current and future medical expenses, the wages you forfeited while recovering from your injuries, the physical pain and emotional distress you experienced, and any fees to repair or replace your vehicle and other damaged property. 

How Can a Charleston Distracted Driving Accident Lawyer Help?

Experienced legal representation can make all the difference between a successful car accident claim and a medical bill you need to foot on your own. A seasoned car accident attorney in your area can gather all the available evidence, handle all communications with insurance companies, protect you from potentially damaging interactions, calculate all your damages, negotiate for a fair settlement that reflects your losses, and take your case to court if necessary.

Find Justice With Help From the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you suffered injuries in an accident with a distracted driver, turn to the experienced Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Call us at 843-727-6500 or fill out our online form for a free consultation. Our office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina allow us to serve victims 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

Gordon C. Rhea

Of Counsel

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

Member

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

Contact Us

Case Types

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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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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

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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

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Ridesharing has become a convenient way to get around Mt. Pleasant, but accidents involving Uber and Lyft drivers can still happen. If you are a passenger, driver, or even a pedestrian involved in a rideshare accident, it’s essential to know what steps to take immediately. Acting quickly and correctly can protect your health, your legal […]

READ MORE

Oct 22, 2025

What Is Loss of Consortium in a Wrongful Death Case?

Losing someone you love because of negligence goes far beyond financial hardship—you lose the irreplaceable bond you shared with that person. South Carolina recognizes this profound reality, which is why loss of consortium damages play an important role in helping grieving families seek justice. Loss of consortium refers to compensation for losing the special relationship […]

READ MORE

Oct 10, 2025

Johnson & Johnson Ordered to Pay $996 Million in Talc Powder Lawsuit

A Los Angeles jury ordered Johnson & Johnson to pay $966 million to the family of a woman who claimed the company’s talcum powder products contained asbestos fibers that caused her rare cancer, mesothelioma. She died in 2021 at age 88. The jury ordered Johnson & Johnson to pay her surviving family members $16 million […]

READ MORE

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Road Debris Caused My Car Accident: What Do I Do?

In most cases, your legal claim for compensation after you have been hurt in a car accident would be against the other driver who was involved in the crash. However, there may be certain rare instances in which there could be other or additional parties in your case. There may be times when your car […]

READ MORE

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Richland County Hit-and-Run Claims Life of 11-Year-Old Child

An 11-year-old from Gadsden was killed early Wednesday morning after being struck by a vehicle in a hit-and-run incident. Authorities report that the collision took place around 6:30 a.m. on Bluff Road near BlackBerry Road. The 55-year-old driver of Gadsden initially left the scene but was quickly located by law enforcement. He faces charges for […]

READ MORE

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What Are the Different Types of Distracted Driving?

Distracted driving has turned into one of the leading causes of motor vehicle accidents in Charleston and throughout South Carolina. This dangerous behavior involves any activity that diverts a driver’s attention from the primary task of operating a vehicle safely.  What Are the Three Main Categories of Distracted Driving? The National Highway Traffic Safety Administration […]

READ MORE

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Car accidents are one of the most common causes of personal injury claims in Charleston and across South Carolina. With busy intersections downtown, heavy traffic on I-26 and Highway 17, and an influx of tourists unfamiliar with local roads, crashes can happen anywhere and at any time. Unfortunately, these accidents often leave victims with serious […]

READ MORE

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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 […]

READ MORE

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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 […]

READ MORE

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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 […]

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What Happens if I Am in a Car Accident with an Uninsured Driver in Mt. Pleasant?

Getting into a car accident is stressful under any circumstances, but when the at-fault driver doesn’t have insurance, things can become even more complicated. Unfortunately, uninsured drivers are still a reality in South Carolina, including right here in Mt. Pleasant. 

If you’re involved in a crash with someone who lacks coverage, you may wonder how your medical bills and vehicle damage will be paid. The good news is that you still have legal options.

Does South Carolina Require Auto Insurance?

Yes. South Carolina law requires all drivers to carry minimum liability coverage. Drivers must also carry uninsured motorist (UM) coverage, which is built into every auto insurance policy issued in the state. This type of coverage is designed to protect you if you’re hit by someone who doesn’t have liability insurance.

What Does Uninsured Motorist Coverage Pay For?

Uninsured motorist coverage can cover your:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

If the at-fault driver is uninsured, your own UM policy essentially steps into their shoes to compensate you. It’s important to note that your coverage limits must be at least equal to the state’s minimum liability requirements. However, higher limits may be available depending on your specific policy.

Can I Still Sue the Uninsured Driver?

Technically, yes—you can sue an uninsured driver for damages. However, in many cases, it’s not practical. People who don’t carry insurance often don’t have sufficient assets to pay a judgment. Even if you win a lawsuit, collecting the money could be a challenge. This is why using your uninsured motorist coverage is often the more effective path to recovery.

What if the Uninsured Driver Was at Fault?

Fault still matters. South Carolina follows a modified comparative negligence rule, which means your compensation can be reduced if you’re partially responsible for the crash. If you’re found to be 50% or more at fault, you may not recover damages at all. Even when filing a claim through your own UM coverage, your insurance company may still try to argue that you were partly to blame to reduce your payout.

This is why having a car accident lawyer is crucial, especially when dealing with your own insurer.

Should I Notify My Insurance Company Right Away?

Yes. After any accident, it’s essential to notify your insurance company as soon as possible, particularly if the other driver is uninsured. Failing to report the accident in a timely manner could jeopardize your ability to file a UM claim. Provide the facts, but avoid making detailed statements or accepting blame before speaking with a lawyer.

Do I Need a Lawyer for a UM Claim?

Uninsured motorist claims may seem straightforward, but insurers don’t always act in good faith. They may delay payment, dispute fault, or undervalue your claim. A personal injury lawyer can handle communication with the insurance company, gather evidence to support your case, and help you seek the full compensation you deserve.

In Mt. Pleasant and throughout Charleston County, local knowledge matters. An attorney familiar with area roads, traffic patterns, and regional court procedures can make a difference in your case.

What if I Were a Passenger or Pedestrian?

UM coverage can also apply if you were injured as a pedestrian or passenger, depending on the policies available. If you don’t own a vehicle or have your own policy, you may be covered under the policy of a relative you live with or the driver of the vehicle you were in. A lawyer can help determine which policy applies.

Injured by an Uninsured Driver? Contact the Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

At Rogers, Patrick, Westbrook & Brickman LLC, we understand how overwhelming it is to deal with the aftermath of a crash, especially when the other driver has no insurance. Our experienced Mt. Pleasant car accident lawyers can review your case, explain your options, and fight for the compensation you need to move forward. 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 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

Gordon C. Rhea

Of Counsel

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

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Kimberly Keevers Palmer

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Matthew A. Nickles

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Michael J. Brickman

Member

Misty Black O’Neal

Associate

Nina Fields Britt

Managing Attorney

Robert S. Wood

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T. Christopher Tuck

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Theodore “TAC” Hargrove, II

Associate

Thomas D. Rogers

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