Story by Joel Berly
July 23, 2025
Accidents are overwhelming, but taking the right steps immediately can protect your health, finances, and legal rights. Here’s a quick guide to help you stay in control after an accident in Charleston:
South Carolina’s modified comparative negligence rule means you can only recover damages if you’re less than 51% at fault. Acting quickly and carefully ensures you meet legal requirements, strengthen your case, and safeguard your recovery.
The moments right after an accident are crucial for ensuring everyone’s safety. What you do during these initial minutes can make a huge difference in preventing further harm and even saving lives. While the chaos of the situation can be overwhelming, staying focused on these key actions will help you manage the scene effectively.
Your top priority is getting everyone out of harm’s way. If your car is drivable, carefully move it to the shoulder or a safe spot away from traffic, but make sure to remain at the scene. This reduces the risk of additional accidents.
Turn off your engine and switch on your hazard lights to alert other drivers. If you have road flares, cones, or warning triangles, use them to create a visible barrier around the accident site. This step is especially important on busy roads where secondary collisions can happen.
Check yourself and your passengers for injuries. Look for visible signs like bleeding, broken bones, or unconsciousness. Avoid moving anyone who appears seriously injured unless they’re in immediate danger, such as from a fire or another imminent threat.
If you’re unable to move your car or exit due to injuries, signal for help. A bystander can contact emergency services for you and help manage traffic around the scene.
"Accidents are stressful, but keeping a calm, normal demeanor will help you stay in control of the situation."
Once safety is addressed, your next step is to secure assistance.
After ensuring immediate safety, take a moment to assess the entire accident scene. Look for potential hazards like leaking fuel, downed power lines, shattered glass, or vehicles in precarious positions.
Call 911 as soon as possible if anyone is hurt, even if the injuries seem minor. Be prepared to provide the dispatcher with clear information: your location, the number of vehicles involved, whether anyone is trapped, and any visible injuries. If there are life-threatening conditions – such as someone not breathing, severe bleeding, or unconsciousness – make sure to emphasize this during the call.
While waiting for emergency responders, maintain a safe distance from the wreckage. Stand at least 50 feet away, and move farther back if you notice hazards like fuel leaks or fire.
If someone isn’t breathing or becomes unresponsive, check for chest movement or listen for breathing. If they aren’t breathing normally, begin CPR immediately and continue until help arrives.
For victims with severe bleeding, apply firm, direct pressure to the wound to control it. If someone is unconscious but breathing normally, carefully position them on their side in the recovery position to keep their airway clear.
Above all, prioritize your own safety. If the scene feels unsafe – whether due to violence or other risks – stay in your locked vehicle until law enforcement arrives to secure the area. You won’t be able to help others if you put yourself in danger.
"The riskiest time for the EMT is arrival at the scene. The EMT must rapidly assess any risks that may be present and must quickly make appropriate decisions and take actions to ensure that neither the patient nor the EMTs become exposed to increased risk."
Once the scene is secure and emergency services are on their way, it’s time to report the incident to the police.
Once you’ve ensured everyone’s safety and addressed any immediate injuries, the next critical step is to officially document the incident. Involving law enforcement isn’t just a smart move – it’s often required by law. In South Carolina, reporting certain types of accidents is mandatory, and failing to do so can lead to severe consequences, such as license suspension or even hit-and-run charges.
In South Carolina, you must report any accident involving injury, death, or property damage exceeding $1,000. When in doubt, call 911. With 143,426 motor vehicle collisions reported statewide in 2022, this applies to a large number of incidents.
Even if the damage seems minor, repair costs can be surprisingly high, especially with modern vehicles equipped with advanced safety features.
When contacting 911, provide the dispatcher with details like your location, the number of vehicles involved, and whether anyone is injured.
Stay at the scene until the police arrive, unless there’s a medical emergency. Leaving prematurely can result in hit-and-run charges, regardless of who caused the accident.
"A crash report doesn’t just help ensure that a driver complies with South Carolina traffic statutes. It also protects their right to seek compensation later." – Koon Cook & Walters, LLC
The police report is a key piece of evidence for both legal and insurance purposes.
When officers arrive, be prepared to provide your identification, driver’s license, vehicle registration, and insurance information. Full cooperation helps officers create an accurate account of the incident.
Stick to the facts when describing what happened. Use clear, straightforward statements, such as: "I was driving north on King Street when the other car ran the red light and hit my passenger side." Avoid guessing or making assumptions about the other driver’s actions.
Never admit fault or apologize, even if you suspect you might have contributed to the accident. Statements like "I’m sorry" or "I should have been more careful" can be interpreted as admissions of guilt.
If you’re uncertain about specific details, it’s fine to say, "I don’t remember" or "I’m not sure about that." Guessing or providing incorrect information could hurt your case later.
Key information officers will need includes the names of everyone involved, the number of vehicles, insurance details for all parties, and contact information for witnesses. Take your own notes as well, in case any details are missing from the official report.
A police report is a vital document for insurance claims and any potential legal disputes. It serves as an official record of the incident, capturing critical details that can significantly impact your case.
You can request your collision report from the SCDMV either online or by submitting Form FR-50. Having this report can speed up your insurance claim process.
Request Method | Cost | Requirements |
---|---|---|
Online | $10 | Driver’s license number, date of birth, Social Security number |
Mail/In Person | $6 | Completed Form FR-50 |
Insurance claims supported by a police report are processed 30% faster than those without one. This can lead to quicker vehicle repairs and faster resolution of medical expenses.
"Getting a copy of the police accident report is important for a few reasons… The report contains detailed information about the accident, including when and where the collision occurred and the drivers who were involved. This information can help you accurately remember the incident." – McKinney, Tucker & Lemel, LLC
If you find any inaccuracies in the report, contact the responding officer and provide evidence to correct the error. However, don’t delay in obtaining your copy – request it promptly while the details are fresh and your case is active.
If no police officers responded to your accident, you may need to complete a Traffic Collision Report (Form FR-309) yourself. This ensures compliance with state regulations even if law enforcement wasn’t available.
With the official report secured, you’ll be better equipped to gather additional evidence and seek legal guidance.
After an accident, collecting key evidence is essential for building your claim. This starts with exchanging details with the other drivers involved.
In South Carolina, it’s legally required to share your information with all drivers involved in an accident. This exchange is crucial for determining fault and handling compensation for damages.
Here’s what to collect from each driver:
If the driver isn’t the vehicle owner, also get the owner’s contact details. Refusing to share this information can lead to fines. If someone is uncooperative, note their refusal and let the police address the issue.
Stay calm and professional during these exchanges. Avoid discussing fault or getting into arguments.
Once you’ve gathered this information, shift your focus to documenting the scene.
Use your phone or camera to photograph the accident scene. Capture wide shots of the entire area, including vehicle positions and nearby landmarks, to provide context. Then, zoom in for close-ups of vehicle damage, debris, and road conditions. Skid marks, for example, can reveal braking patterns and directions.
Take pictures of visible injuries from multiple angles and distances. Don’t forget to document traffic signs or signals that may have played a role in the accident. If there are witnesses, ask for their names, phone numbers, and statements – these can be valuable for supporting your case. Other evidence, like dashcam or surveillance footage, as well as physical items like paint transfers or broken vehicle parts, can also be useful.
While the incident is still fresh in your mind, jot down key details such as the time, location, weather, visibility, and road conditions. These specifics can fade over time, making it harder to recall the event accurately.
Take notes on your interactions with other drivers, especially any comments they make about the accident. If someone admits fault or mentions being distracted, write down their exact words. Also, record the names and badge numbers of responding officers, and find out how to obtain a copy of the police report.
Keep a daily log of everything related to the accident – this includes witness accounts, insurance interactions, and even how the incident affects you physically and emotionally. Documenting pain levels and the impact on your daily life can be critical if you decide to seek compensation. Thorough documentation not only strengthens your case but also safeguards your legal rights. Missing or incomplete records can weaken your position in personal injury claims.
After gathering evidence at the accident scene, your next step should be seeking medical attention. This isn’t just about addressing your physical well-being – it’s also critical for safeguarding your legal rights. Even if you feel fine, injuries can sometimes hide beneath the surface, only to become serious later.
Don’t delay seeing a doctor. The adrenaline rush from an accident can mask injuries like concussions, internal bleeding, or whiplash. What might seem like a minor issue today could turn into something more serious or even chronic if left untreated.
Getting medical care immediately also creates a crucial paper trail. Your medical records serve as evidence if you need to pursue a personal injury claim. Insurance companies often scrutinize gaps in treatment, arguing that such delays indicate your injuries weren’t severe or weren’t caused by the accident.
"Seeking immediate care prevents this argument in the following ways: Demonstrates immediate concern: Prompt medical attention shows that you took your injuries seriously from the start, helping to prevent insurers or opposing parties from questioning the validity or seriousness of your injuries." – Gierth-Eddy Law Offices PLLC
Additionally, consider the emotional toll of an accident. Psychological trauma is common and can have lasting effects. Addressing these issues early can help prevent them from escalating into long-term conditions.
Follow all medical advice given by your doctor, whether it’s for tests, treatments, or follow-up care. Doing so not only aids your recovery but also strengthens your case by showing that you took your injuries seriously.
Medical records are more than just paperwork – they’re key pieces of evidence that document the nature and extent of your injuries. They help establish a clear link between the accident and your physical condition.
Save every medical bill you receive. These bills detail the costs related to your treatment and can be used to build a timeline of your medical expenses. Organize them in chronological order to make the process easier.
Be thorough in keeping records of all types of care, including ambulance reports, emergency room visits, surgery notes, and hospital admissions. Don’t forget to save doctor’s notes, therapy records, diagnostic imaging (like MRIs or X-rays), and prescription details. If you’re referred to specialists or mental health providers, hold onto those records as well. These documents create a comprehensive picture of your injuries and recovery process.
Document every medical visit, treatment, and diagnosis completely and promptly. Consistently attending follow-up appointments is just as important. Skipping appointments could hurt your case by suggesting you weren’t seriously injured or didn’t prioritize your recovery.
Keeping a detailed record of your symptoms and recovery can help both you and your healthcare providers better understand your condition. A symptom diary is especially helpful for identifying patterns or triggers.
Start a pain journal to monitor your discomfort. Note when your pain is at its worst, how stress or other factors affect it, and describe the pain using terms like sharp, dull, or burning. Rate it on a scale from 0 to 10 daily to track changes over time.
Record when and where symptoms occur, how long they last, and any factors that might influence them, such as medications, stress, or physical activity. Include details about your mood, sleep quality, diet, and any other symptoms you notice.
You can use a notebook, calendar, app, or spreadsheet to stay consistent. This log not only helps personalize your treatment plan but also serves as valuable evidence of how the accident has impacted your daily life.
Your pain journal can play a key role in your claim. It provides detailed, firsthand documentation of the challenges you’ve faced during your recovery, offering a clearer picture of the accident’s impact.
After gathering your medical records and evidence, the next step is to tackle your insurance claim and seek legal guidance. Addressing your claim promptly and carefully is critical, as the way you handle these conversations can greatly influence the outcome.
Reach out to your insurance provider as soon as possible to meet any policy deadlines. When you call, stick to just the basics – avoid admitting fault or speculating about the accident.
Be ready to share:
Keep your account factual and straightforward. Share only what you directly observed or experienced, and avoid assigning blame. Having the police report number and the other party’s details handy can also streamline the process.
Insurance adjusters work for the company, not for you. Their goal is to minimize payouts, so approach these conversations with caution. Never admit fault or provide detailed information about your injuries – direct them to your lawyer instead.
Here are some key tips:
Be wary of signing any documents without fully understanding them. Initial settlement offers are often lower than what you may deserve, so don’t accept the first offer. Always document your communications in writing and follow up verbal discussions with written confirmations.
If you feel pressured or misquoted during a call, end the conversation and consult your attorney. By limiting the details you share, you can better safeguard your claim.
Once you’ve addressed the insurance process, consult with a personal injury lawyer. Early legal advice can make a significant difference in your case. Berly Rouse Attorneys, based in Charleston, offers free consultations for accident victims, giving you the chance to explore your legal options without any upfront costs.
This firm specializes in personal injury cases, including car, motorcycle, pedestrian, and trucking accidents. They’re well-versed in South Carolina law, insurance claims, and legal proceedings. Plus, they operate on a contingency basis, meaning you only pay attorney fees if they win your case. This approach ensures you can access skilled legal representation without adding financial stress while you focus on recovery.
Having an attorney handle insurance communications shields you from making statements that could hurt your claim. They can review settlement offers, negotiate on your behalf, and help you secure fair compensation for medical bills, lost wages, pain, and suffering.
Contact Berly Rouse Attorneys today to protect your rights and build a stronger case.
Taking the right steps after an accident can make all the difference in securing fair compensation and avoiding financial strain. With over 14,000 collisions reported in Charleston County in 2022, it’s more important than ever to know how to protect yourself.
Actions like moving to a safe location, documenting the scene thoroughly, seeking medical attention promptly, and handling insurance communications carefully can significantly strengthen your case. Keep in mind that South Carolina has a three-year statute of limitations for filing personal injury claims, so acting quickly is essential. This limited timeframe highlights the importance of having knowledgeable legal support.
Dealing with insurance companies can feel overwhelming. Their adjusters and lawyers often aim to minimize payouts, and initial settlement offers may undervalue your claim. Having an experienced attorney advocating for you ensures your rights are upheld and your case is handled effectively.
Berly Rouse Attorneys provides free consultations for accident victims in Charleston. They work on a contingency basis, meaning you only pay if they win your case. This fee structure eliminates upfront costs, giving you access to high-quality legal representation when you need it most. Reach out to Berly Rouse Attorneys today to schedule your free consultation and explore your legal options.
Time is of the essence after an accident. Evidence can disappear, witnesses’ memories may fade, and insurers might pressure you into settling prematurely. By securing experienced legal assistance, you’re taking a crucial step toward protecting your financial future and ensuring full compensation for your injuries, lost income, and pain.
If the other driver refuses to share their information, it’s important to stay calm and avoid making the situation worse. Contact the police right away to report the incident and ensure it’s officially documented. While you wait for law enforcement to arrive, gather as much evidence as you can – only if it’s safe. This might include snapping photos of the vehicles, license plates, and the accident scene, as well as identifying any eyewitnesses who could provide statements.
Leaving the scene before speaking with the authorities can create complications for your case later. When the police arrive, they’ll help collect the necessary details and file an official accident report, which is essential for safeguarding your legal rights.
When it comes to ensuring your insurance claim goes smoothly, the first step is to report the accident to your insurance company promptly. Share accurate information, including photos from the scene, details of any witnesses, and all relevant documents.
Be cautious about what you say – avoid admitting fault or making statements that could be misunderstood. While it’s important to cooperate with claims adjusters and investigators, focus on sticking to the facts when describing the incident. Staying organized and on top of the process can go a long way in avoiding unnecessary delays or complications.
If you’ve been injured, even in what seems like a simple situation, reaching out to a personal injury lawyer is a smart move. They can help safeguard your legal rights and steer you away from potentially costly missteps. With their expertise, they’ll guide you through tricky legal procedures, handle negotiations with insurance companies, and work to secure fair compensation for your injuries and damages.
Accident cases often come with challenges you might not expect – like figuring out who’s legally responsible, estimating long-term financial impacts, or dealing with insurers who might downplay your claim’s value. A skilled lawyer will manage every detail of your case, giving you peace of mind and positioning you for the best possible outcome.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.