Speeding is one of the leading causes of motor vehicle collisions. The National Highway Traffic Safety Administration (NHTSA) estimates that nearly one-third of fatal crashes in the United States have speeding as a primary cause. Each year, thousands of people in South Carolina are hurt in speed-related collisions. These can be complicated cases. Within this article, our Columbia car accident lawyer provides a comprehensive guide to speeding crashes in South Carolina, including the causes, liability, and what victims can recover.
Know the Causes: Speeding Car Accidents
Speeding is dangerous. It remains one of the most hazardous driving behaviors on the roads in South Carolina. Excessive speed reduces reaction time, increases stopping distance, and magnifies the force involved in any resulting crash. Here are some of the specific causes of speeding wrecks:
- Exceeding the Posted Speed Limit: Speed limits exist for a reason. Driving faster than the legally established limit violates South Carolina traffic law. Higher speeds reduce a driver’s ability to perceive hazards and respond safely. The faster the vehicle travels, the longer the stopping distance and the greater the energy transferred during impact.
- Driving Too Fast for Road Conditions: A driver may comply with the posted limit and still act negligently. Rain, fog, construction zones, and heavy traffic require reduced speed. South Carolina law requires drivers to operate at a reasonable and prudent speed under existing conditions. Failure to adjust could be negligence even without technical “speeding.”
- Aggressive Driving/Tailgating: Drivers who follow too closely while speeding dramatically increase rear-end collision risk. High-speed tailgating eliminates reaction time. In many Columbia crashes, investigators find that a speeding driver could not stop before impact due to inadequate following distance.
- Street Racing (and or Reckless Conduct): Excessive speeding associated with racing or reckless driving may support a claim for punitive damages. Evidence of willful or wanton misconduct elevates the legal exposure for the at-fault driver. In South Carolina, reckless driving may be a serious criminal offense.
- Commercial Vehicle Speeding: Tractor trailers and delivery vehicles require longer stopping distances. When a commercial driver exceeds safe speed, the consequences can be catastrophic. These cases may also implicate employer liability and federal motor carrier regulations.
Understanding Liability for Speeding Accidents in South Carolina
South Carolina is a fault-based motor vehicle accident state. Speeding accident claims are governed by the state’s negligence law. To recover compensation, an injured victim must prove duty, breach, causation, and damages. Every driver in South Carolina owes a duty to operate a vehicle with reasonable care and to comply with traffic statutes. Evidence of speeding can establish a breach of duty. A citation for speeding is relevant, though not strictly required. Liability often depends on a comprehensive investigation. Indeed, every suspected speeding crash should be carefully investigated by an experienced Columbia, SC auto accident lawyer.
Here is a key point to know: Causation is key. Proving that another driver was speeding at some point before your crash is not sufficient to prove that they were at fault for your accident. An injured victim must demonstrate that the excessive speed contributed to the collision (and their resulting injuries) in some manner. For example, reconstruction experts may calculate that a vehicle traveling within the speed limit would have stopped in time to avoid impact. A proactive and comprehensive investigation of a crash is an absolute must.
Note: South Carolina is a modified comparative negligence state (S.C. Code § 15-38-15). An injured victim may recover damages so long as they are not more than 50 percent at fault for the collision. However, if a jury assigns 51 percent fault to the plaintiff, recovery is barred. Fault allocation directly affects financial recovery. If a jury finds total damages of $500,000 but assigns the injured victim 20 percent fault, the award is reduced to $400,000. Every percentage point of fault matters. Being held particularly responsible for your own crash could take thousands out of your settlement.
Recovering the Maximum Compensation for Car Accidents Caused By Speeding
In South Carolina, car accident victims have the right to pursue compensation for the full value of their damages, including for non-economic losses. Do not agree to settle your claim for less. An insurance company cannot be relied upon to willingly step forward and offer a maximum settlement. A top-rated Columbia, SC speeding accident attorney can review your case and determine the best course of action. Along with other damages, you may be able to recover for:
- Automobile repairs;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Lost wages;
- Reduced earning power;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
What is the Statute of Limitations for a Speeding Accident in South Carolina?
In South Carolina, the statute of limitations for a speeding accident claim is generally three years from the date of the collision. The deadline applies to most personal injury and property damage actions arising from motor vehicle crashes. If an injured victim fails to file a lawsuit within that three-year window, the court will likely dismiss the claim as time-barred. As only limited exceptions apply, you need to be proactive. You do not want to fall behind the insurance company in the claims process: Speak to a Columbia, SC speeding accident lawyer right away after a wreck.
How Our Columbia Speeding Accident Lawyer Can Help
Speeding is dangerous. If you were involved in a speed-related crash, the legal team at McCravy, Newlon & Clardy Law Firm P.A. has your back. Our Columbia, SC car accident lawyers are proactive, results-driven advocates for justice. With a long record of client testimonials and case results, you can rely on our Columbia speeding accident attorney when it matters most. Your initial consultation is free, completely confidential, and carries no additional obligations.
Contact Our Columbia, SC Car Accident Lawyer for a Free Consultation
At McCravy, Newlon & Clardy Law Firm P.A., our Columbia car accident attorney provides solutions-focused guidance and advocacy to victims and families. If you or your loved one was hurt in a speeding wreck, we can help. Contact us right away to set up a free, no obligation initial consultation. Our firm handles speeding accident claims in Columbia and throughout the region, including in the zip codes of 29208, 29209, 29210, 29211, 29212, 29214, 29218, and 29219.