If you were hurt in a car accident, speak with a trusted and experienced Myrtle Beach car accident lawyer from our legal team at Shelly Leeke Law Firm.
We represent victims facing medical bills, serious injury complications, long-term pain and suffering, and the disruption that comes when someone else’s negligence changes your life. Let our Myrtle Beach personal injury lawyer fight for the maximum compensation you deserve in this challenging time.
Put a Dedicated Myrtle Beach Car Accident Attorney to Work for You
Car accident claims are not always so simple, but you shouldn’t have to manage that stress alone. Having an experienced attorney on your side can ensure insurance companies are held accountable and your rights are protected. You deserve lawyers who believe in your case and can provide exceptional legal guidance throughout the personal injury process.
Our firm has decades of experience helping people maximize their compensation so they can focus on recovery. Don’t wait to put that dedication to work for you. Contact our office for a free consultation today.
Common Causes of Car Accidents in Myrtle Beach
Roadways throughout Myrtle Beach are often jam-packed with people, especially US 17 (Kings Highway) and Ocean Boulevard. Because these routes are frequented by both tourists and local commuters, the heavy overlap in traffic tends to increase car accidents in the area.
In recent years, our Myrtle Beach car accident attorneys have also seen more crashes involving truck drivers, especially in residential neighborhoods. Drivers on US 501 and the Harrelson Blvd/George Bishop Parkway area, for example, know how quickly things can go wrong.
Overall, reports from the South Carolina Department of Public Safety show that traffic collisions remain an issue statewide. Some of the most common causes of these accidents can include:
Distracted Driving
Texting, making calls, or using any other smart device significantly increases the risk of distracted driving and raises your chances of being involved in a crash. Anything that takes your focus away from driving safely, including eating or dealing with children in the back seat, is also problematic and can cause accidents.Â
Speeding
Police reports show that speeding is another common issue in Myrtle Beach. Drivers in this area often exceed the posted speed limits, particularly on highways, which leads to serious and even fatal collisions.
Reckless Driving
Running red lights, weaving in and out of traffic, tailgating, and aggressive lane changes are all forms of reckless driving that cause accidents. These negligent actions endanger the driver and other people on the road.
Liability in Myrtle Beach Car Accidents
Determining fault in a car accident plays an essential role in personal injury claims. Though you might think it’s automatically the fault of the driver who hit you, liability is not always that straightforward.
Various factors, including dangerous road conditions, mechanical issues, debris in the road, and other negligent drivers, can all play a role in a single accident. This is what makes determining fault so complex and is why it’s important to work with a lawyer.
Experienced personal injury lawyers, like the team at Shelly Leeke Law Firm, can conduct a comprehensive investigation to uncover the truth.
South Carolina Car Accident Laws
The laws in South Carolina are put in place to protect you and others on the road. Unfortunately, those rules are often broken, and when that happens, it can directly impact your case.
Understanding these laws is important as you prepare for insurance negotiations or a possible trial. Below are some of the key laws you should know:
Statute of Limitations
Some car accident cases go to trial when the liable party refuses to settle or when insurance coverage is not enough. South Carolina’s statute of limitations for personal injury cases (S.C. Code Ann. §15-3-530) gives you three years from the date of the accident to file a lawsuit. If you miss the deadline, the court could refuse to hear your case.
Working with a car accident attorney in Myrtle Beach can help you avoid this risk. Our legal team will do everything possible to meet the statute of limitations deadline so you can get the most out of your claim.
Fault Insurance Rules
Understanding how insurance claims are handled is crucial. Filing a claim with the insurance company is one of the most common ways to recover financial compensation for your damages after a car accident.
South Carolina automobile insurance laws state that the liable party is expected to pay. This means you will initiate a claim against the liable party’s insurance policy. If the at-fault driver or other liable party has insurance coverage, you could obtain compensation for a portion of your medical expenses and personal property damages.
However, in most cases, this will not be enough to cover the totality of your damages. Your best chance of getting full and fair compensation comes when you work with a lawyer. Set up a free consultation with Team Shelly Leeke. We’ll help you determine who is at fault.
Sharing Fault for the Accident
South Carolina follows a modified comparative negligence model for liability laws, which was adopted in the 1991 case of Nelson v. Concrete Supply Company.Â
This means you can receive a settlement for your damages if you are partially at fault, but ONLY if you are no more than 50% at fault. Still, even if you are under 50% at fault, your total settlement could be reduced.
For example, if you did not have your seatbelt on when a drunk driver hit you, you might be found 5% at fault for your injuries. In this case, if you were awarded $5 million for a permanent disability, you would not collect the full amount. Instead, 5% would be deducted from your settlement. This would leave you with $4.75 million (a $250,000 loss).
Our personal injury lawyers can prevent losses like this by ensuring the full percentage of fault lies with the negligent party.
How Our Myrtle Beach Car Accident Law Firm Can Help
After a car accident, gathering evidence is one of the most important steps in protecting your rights and ensuring the right party is held accountable. Our personal injury attorneys provide focused and reliable legal representation to help you pursue the justice you deserve.
A major part of our work involves collecting and reviewing all available evidence, including materials that prove how negligence played a role. Our team will:
- Access and review official police reports.
- Speak with witnesses and obtain detailed witness statements.
- Examine the accident scene for other physical evidence.
- Collect photographic evidence and track down any relevant video footage.
- Gather and organize your pertinent medical records.
- Document other factors that may have contributed to the accident.
We also work with specialists and other experts to analyze complex evidence that can further support your claim, such as accident scene reconstruction models. By taking the time to gather all evidence and confirm key details, we can better position your case for the best possible outcome and move you closer to the justice you deserve.Â
Everything You Need to Know About Myrtle Beach Car Accident Insurance Claims
Pursuing an insurance claim is common after a car accident. Auto insurance coverage is designed to help cover some of the costs associated with a collision. However, dealing with the insurance company is often more challenging than many accident victims realize.
South Carolina Auto Insurance Requirements
The South Carolina Department of Motor Vehicles requires all drivers to have auto insurance coverage. The minimum coverage requirements are:
- $25,000 per person for bodily injury.
- $50,000 per accident for bodily injury.
- $25,000 for property damage liability.
Drivers must also carry uninsured motorist (UM) coverage in matching 25/50/25 amounts.Â
However, if the driver who hit you only carries the minimum amount required by law, you could still have residual damages that insurance does not pay for.Â
Keep in mind that insurance only pays for specific types of losses, so you may have remaining damages even if you do obtain an insurance settlement.
Insurance Adjuster Tactics
Insurance adjusters often look for ways to limit what they pay, including offering quick but lowball settlements or questioning parts of your claim. Some may misinterpret policy terms, delay investigations, or suggest you share blame for the accident.Â
Our Myrtle Beach car accident lawyers can step in to handle these interactions and work for the full compensation you deserve.
More on Covered Losses
Car accident survivors are often anxious about following through with personal injury claims. This is because they believe that accepting an insurance settlement will get their damages covered quickly, but this is rarely the case.
The insurance company will only pay what the policy requires, which is typically less than what you need to fully cover your losses after an accident. South Carolina only requires drivers to have bodily injury and property damage liability coverage.Â
So insurance might cover your medical bills or vehicle repairs, but it likely will not provide compensation for many other economic or non-economic losses.
Compensation for Myrtle Beach Car Accident Victims
As the victim of a car accident, you deserve fair compensation for your damages and suffering. South Carolina personal injury law recognizes that people should be made whole, meaning your compensation should reflect every way the accident affected your life.
When a personal injury attorney calculates the value of your claim, you have the right to be reimbursed for both economic damages and non-economic damages.
Economic damages are strictly monetary and represent actual expenses, such as the cost of medical treatments and hospital stays. Non-economic damages are the ones that affect your emotional state, lifestyle, and well-being.
While every situation is unique, the damages listed below are some of the most commonly compensated for in personal injury cases.
Medical Care
One of the most important damages Shelly Leeke fights to get covered for you is your medical expenses. Even less severe injuries can seriously impact your finances due to the astronomical cost of healthcare in the United States today. You do not want to get stuck covering even one cent of your medical bills.
Medical care damages include the following:
- Diagnostic testing
- The costs of hiring home health care providers
- Medical home accommodations
- Insurance co-pays
- Mental health counseling
- Reconstructive or plastic surgery
- Medical treatment
- Prescription drugs and over-the-counter medications
- Medical equipment and devices
- Physical and occupational therapies
While some of your medical expenses may be covered through your insurance claim, it may not be enough to cover the total value of your healthcare costs. In this case, you may want to hire an attorney who can help prepare your car accident case for trial.
Pain and Suffering
Pain and suffering are entirely subjective types of loss. The way each car accident victim’s life is affected by the accident will vary widely. To ensure you are compensated fairly for these damages, our lawyers will need to carefully evaluate how the case has impacted your life. This includes looking at:
- Emotional trauma.
- Physical pain.
- Quality of life.
- Other ways the accident has impacted you day-to-day.
Although pain and suffering and other non-economic damages do not have a financial value, their impact on your life may be considerable. In many cases, the emotional toll of an accident far outweighs the resulting physical injuries.
Shelly Leeke Law Firm is on your side. We will ensure you are awarded fairly for these intangible losses.
Lost Wages
One of the most significant losses you can suffer after a car accident is the income you miss out on while you recover. Missing just one paycheck can catastrophically impact your finances and your family.
If your injuries force you to take time away from work, recovering your lost wages can be crucial to maintaining financial stability. What’s good to know is that you are entitled to more than just the lost income when taking time off. You may qualify for other benefits, including:
- Retirement benefits savings contribution
- Health insurance coverage
- Paid leave and other benefits
Punitive Damages
Punitive damages in civil actions are not awarded in most car accident cases. These damages are not meant to compensate you for your losses. Instead, they serve as a way of punishing a defendant whose behavior went far beyond ordinary acts of negligence.
Courts award punitive damages only for situations involving intentionally malicious, egregious, or grossly negligent behavior, as outlined in S.C. Code Ann. §15-32-530. This can include actions that show a reckless disregard for the safety of others, such as intentional misconduct or felony DUI.
This statute also outlines South Carolina’s punitive damages cap and the limited exceptions that apply in cases involving intentional misconduct or reckless behavior, such as felony DUI.
Not every accident warrants punitive damages. Even when the defendant’s actions were severe, punitive damages are only awarded when the court believes an additional penalty is necessary to discourage similar misconduct in the future. Our attorneys can help you understand if they may be appropriate in your case.
Contact Shelly Leeke Law Firm for a Free Consultation with a Car Accident Attorney in Myrtle Beach, SC
When you work with a Myrtle Beach car accident lawyer from Shelly Leeke Law Firm, you have a team that takes your concerns seriously and works hard to protect your rights. With more than a decade of experience, our lawyers have the skills and resources to help you recover a fair settlement.
Through empathy and compassion, we aim to make a meaningful difference in the outcome of any case we handle. We work on a contingency fee basis, so you do not pay fees or expenses unless we secure compensation for you.
If you’re ready to get the support you need, contact us for your free consultation. We’re here to help.
