Getting into a crash is already overwhelming, but when it’s a single-vehicle accident in South Carolina, questions about fault and legal rights naturally arise. If you’ve been involved in such a situation, especially as one of the accident victims, it’s essential to understand your rights and what steps you can take toward recovery. At Ted Law Firm, we help riders navigate the complex legal roads of personal injury claims after an accident.
Can You File a Claim After a Single-Vehicle Accident?
The answer is yes-under certain circumstances. Just because another vehicle wasn’t directly involved doesn’t mean you’re always at fault. Accidents can occur due to defective helmets, poor road maintenance, faulty traffic signals, or even unexpected rows of vehicles blocking visibility. It’s crucial to investigate the root cause.
Common Causes of Single-Vehicle Accidents in South Carolina:
- Hazardous road conditions (potholes, debris)
- Faulty rearview mirrors or poor vehicle maintenance
- Defective motor cycle helmet laws compliance products
- Unexpected movements from other vehicles causing a reaction crash
- Animals or objects on the road
- Sudden weather changes
Any of these can lead to an accident claim, where the car accident lawyer must demonstrate that another party (government agency, manufacturer, etc.) was partially or fully responsible.
Legal Framework: South Carolina’s Comparative Negligence Rule
South Carolina follows the comparative negligence doctrine, which means you can still recover damages even if you’re partially at fault-as long as you’re less than 51% responsible. This allows accident attorneys to argue for reduced fault percentages, potentially securing fair compensation for you.
For example, if you were speeding but a pothole was the primary cause, a court might find you only 30% at fault. You could then recover 70% of the recoverable damages.
Who Can Be Liable in a Single-Vehicle Crash?
- Local or state governments for road maintenance issues
- Helmet or bike part manufacturers (defective motor cycle helmets or gear)
- Construction companies failing to warn about hazards
- A careless driver who forced you to swerve, even if they didn’t crash
Types of Injuries We Commonly See:
- Head injuries
- Traumatic brain injury
- Neck injury
- Internal bleeding
- Road rash and broken bones
If you weren’t wearing a protective helmet, your claim could be impacted depending on helmet laws. South Carolina does not have universal helmet laws, so age and license status matter. However, failing to wear a helmet may increase your percentage of fault, especially in accident injuries involving a traumatic brain injury.
Why Representation Matters
Insurance companies will use the “you were alone” argument to avoid payouts. But an experienced attorney from Ted Law Firm will help gather evidence, reconstruct the crash, and assess every angle-particularly comparative fault and contributory negligence-to build a strong case.
Don’t Ignore These Critical Aspects:
- Check if the other party involved caused the situation without contact
- Photograph the scene, including skid marks and damaged areas
- Preserve your helmet and gear for evaluation
- Seek immediate medical care and save your medical bills and medical record
- Look for witness statements or dash cam footage
Additional Legal Considerations:
If your accident involved swerving to avoid a vehicle in adjacent lines or navigating around lanes of traffic, those details matter. You may have reacted to avoid danger posed by a negligent or careless driver, which creates grounds for civil liability.
A few more factors that can strengthen your case:
- Having a valid license
- Knowledge of laws and riding regulations
- Evidence of experience on s or training from Safety Foundation
- Proof that your proper helmet and seat belt met federal standard or minimum standard requirements
Common Mistakes to Avoid:
- Not reporting to law enforcement
- Speaking to insurance companies before consulting an accident lawyer
- Not understanding seatbelt laws and how they may affect your claim
South Carolina doesn’t enforce universal helmet laws, but non-compliance can influence comparative negligence law arguments used in court.
What Compensation May Cover:
- Medical bills and ongoing care
- Lost wages
- Pain and suffering (including emotional trauma)
- Damage to your or property
If you were a passenger, you might also have a claim even if the operator was at fault. Passengers injured due to a crash can file personal injury cases as well.
What’s last…
Being in a crash, especially a single-vehicle accident, doesn’t always mean you’re out of legal options. South Carolina’s comparative negligence system gives you a chance to seek justice-even if you were partly at fault.
The accident attorneys at Ted Law Firm work closely with accident victims, riders, and even injured passengers to explore all possibilities.
Whether it was a faulty helmet laws compliance issue, unsafe rows of vehicles, or poorly maintained public roads, you deserve an honest assessment of your rights. Contact Ted Law Firm today to explore your options after an accident because just one mistake on the road shouldn’t leave you paying for it all.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
