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If you have been injured as a result of another person’s negligence in an I-95 South Carolina car crash, you may be eligible to receive monetary compensation for medical expenses, lost wages, and other consequences related to your injuries. The attorneys at Maguire Law Firm can analyze your situation, assist in identifying those responsible for your injury, and provide you with information regarding possible avenues of recovery through filing an injury lawsuit. In order to protect your well-being and obtain the relevant evidence necessary to support a potential personal injury claim, it is essential that you take certain actions after being involved in a multi-vehicle or large truck collision on I-95.
Looking for real-time traffic on I-95 today? Use the SC 511 website to view all current traffic situations. Researching an I-95 accident from yesterday? Confirm both the date and the direction of travel, along with the mile marker, prior to believing everything you read about the incident in a newspaper article. Injury lawsuits explained above do not contain up-to-the-minute reports of recent wrecks.
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What To Do After An Interstate 95 Crash
To begin, call 911 if someone is hurt or if there is an imminent danger at the scene of your I-95 accident. After calling 911, follow the emergency personnel’s instructions for what you should be doing. Get treated by a doctor.
When it is safe to do so, document some of the basic information about your vehicle accident so that your claim may be connected to this incident:
- Date
- Approximate time
- Direction (northbound or southbound)
- Nearest exit
- Mile Marker
Also, save the name of the investigative department and their report number along with driver information, witness information, and insurance information.
Take pictures of your vehicle. Save all of your original dash cam recordings. Take pictures of any trucks involved in your vehicle accident; take photos of the carrier name and USDOT number as well as the license plate.
Document any medical bills, receipts, lost work records, towing bills, and correspondence from your insurer. Document them together. Notify your insurer promptly after an accident. Read over your policy to know exactly what it requires when dealing with cooperation requirements. Before signing a release or giving a recorded statement to another party’s Insurer, seek advice. Certain crashes not investigated by law enforcement must be reported to the South Carolina DMV within 15 days.
If you would like to obtain a collision report from the South Carolina Department of Motor Vehicles, a collision report will give you a place to start for an investigation, but it does not replace having the ability to inspect the vehicles involved in the collision, interview potential witnesses, and determine the sequence of events leading up to your collision.
Who May Have An Injury Claim?
Drivers and passengers who suffer injury from the actions (or lack thereof) of someone else (as they used reasonable care) could have a claim. That can include: a driver who follows too closely, changes lanes improperly, or fails to reduce his/her speed for traffic ahead. However, the injured party will need to prove the connection between the unsafe act(s) by the negligent party and the damages he/she has incurred.
A car accident does not automatically imply liability. The way a collision occurred, as well as whose conduct was involved in contributing to said collision, along with documenting what losses were sustained, all play a part in determining if a claim exists. It would be advisable for a passenger to get the circumstances surrounding the accident reviewed prior to making an assumption about filing a claim against a driver in another vehicle.
Fog And Heavy Rain Do Not Resolve The Question Of Fault
Weather can provide an explanation for reduced visibility without providing an answer to whether a driver exercised reasonableness. Reasonable speeds under reasonable road conditions and reasonable reductions for weather-related and/or hazardous conditions. A driver traveling at the posted limits may still be operating at an unreasonable speed given the visibility and/or road conditions.
More Than One Impact May Need Investigation
Let us consider a hypothetical multi-car rear-ender for example. If someone stopped their car due to being behind traffic, then another vehicle pushed the car forward and struck another vehicle. Each impact may need to be investigated, so we can determine which persons’ acts caused, exacerbated, or did not cause the specific injuries. Just because the damage to the front of your vehicle does not indicate that you ran into the vehicle ahead of you, it does not mean you were not injured by running into that vehicle.
How South Carolina’s statute regarding allocation of fault applies in claims with multiple parties involved:
South Carolina’s statutory provisions regarding allocation of fault apply to claims involving multiple parties, but the rules do differ depending on when the claim arose. For claims arising after January 1, 2026, the statute provides procedures for consideration of certain tortfeasors that may not be named as defendants. Prior to settling a claim with an insurance company based solely upon one defendant, identification of those who may be liable for some portion of the loss is important.
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*Evidence That Can Clarify An Interstate Collision
Photographs of a vehicle’s position after a collision could serve as evidence that would explain how a vehicle impacted another. Video or eyewitness testimony about stopping traffic in front of vehicles approaching the crash area may aid in determining if there was active enforcement of traffic laws when a vehicle approached a stationary object. Medical reports are valuable in establishing the nature and time of injury to all parties involved.
Materials relevant to investigating accidents involving commercial vehicles may include:
- driver duty logs (driver log books)
- available data from the vehicle
- communications with dispatchers
- maintenance records
Federal regulations require “covered” motor carriers to maintain duty records and related documentation for no less than six months. This regulation does not guarantee that every type of recording or electronic record maintained by the carrier will remain accessible for six months.
Do not assume highway cameras captured your crash!
SDOT does not record or save any traffic camera footage and will be unable to provide video from a previous time frame. All other potential sources of footage, including but not limited to dash cams installed on one of the vehicles and/or cameras located at businesses near the accident scene, must also have a separate investigation conducted to determine if they exist and were capturing the crash area at that time.
Before any work is done on your vehicle (i.e., before any repairs are made) and before your vehicle is disposed of by a tow yard, you should contact your attorney and let them know where your vehicle is located. In addition to discussing preservation of evidence, you should discuss possible ways to have costs associated with storage and transportation waived.
What Compensation May Cover
Your injury claim could provide payment for medical costs, loss of wages, inability to make money after being injured, and pain or other ways your personal injuries have affected your daily life. If your vehicle was damaged, there may be additional claims needed as well. Your recovery will depend upon evidence of the damages you incurred, who caused your injury, and the liability, uninsured motorist, underinsured motorist, or other insurance coverage that may apply.
Document all of the changes that are not reflected in your bills. There are likely many things about which you will now have difficulty, such as caring for your kids, performing some portions of your job duties, etc. Documenting these changes in detail and keeping records wherever possible will assist you in documenting them.
You cannot count on there being a specific settlement amount due solely to the location at which you were injured or how many vehicles were involved. Consider if your doctor has provided sufficient documentation regarding your current medical status, what future medical treatment you will need, and if your past wage losses have been adequately documented prior to settling your injury claim.
What If An Insurer Says You Share Fault?
While allegations that you contributed to the collision do not immediately preclude recovery, South Carolina follows a modified comparative negligence rule for recovery, which allows you to potentially be able to recover if your degree of responsibility was no greater than fifty percent (50%) of the total responsibility for the collision; however, you will have your recovery amount reduced by the same percentage as your degree of responsibility. If it is determined that your degree of responsibility is greater than fifty percent (50%), then you are typically prohibited from recovering.
In multi-vehicle collisions such as those occurring on highways across state lines, there are many factors that can cause disputes regarding liability, including but not limited to how far apart each vehicle was traveling when they were involved in the accident, the viewability of other vehicles, where the drivers were positioned within their lanes and/or whether the drivers could have acted sooner. We will evaluate the basis for an insurer’s conclusion and assist you in contesting an insurer’s unsubstantiated claim of what occurred during the collision. The determination of an insurance adjuster is NOT equivalent to a judge.
Deadlines for Taking Legal Action
The statute of limitations in South Carolina is usually three (3) years for most types of personal injury cases. However, there are exceptions to this general rule, due to certain “tolling” rules for those who are under the age of 18 or legally mentally incapacitated when the cause accrued; then you may be able to file a claim after the initial limitations period expired.
In addition, the statute of limitations for most tort claims against governmental entities in South Carolina is two (2) years after the loss was or reasonably should have been discovered. If a verified claim is filed within one year of sustaining the injury, it might allow additional time to pursue the lawsuit.
Evidence preservation needs and/or insurance reporting requirements may occur long before you meet the applicable deadline. Discussing your accident with an insurance adjuster or filing an insurance claim report does not constitute filing a lawsuit. It is best to consult an attorney early in the process to determine whether you need to start a lawsuit and if so, what type of deadlines apply to your case.
Hurt in an Accident? Hire Maguire
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A South Carolina I-95 wreck can disrupt a person’s job, health care, and travel back home. Do not worry if you don’t know all the details or have all of the documents prior to calling. Just tell us in general terms where the collision took place, any injuries that were sustained, and what type of insurance issues you may be dealing with.
Since 1994, Ian D. Maguire has represented the rights of individuals who have been injured as well as those of their family members. Our office is located in Florence, and from here, we will evaluate your situation and see if we can represent you in your personal injury claim. Please visit our Florence car accident page for more information about how we can help in that area.
If you would like to speak with someone at the Maguire Law Firm regarding your I-95 injury claim, call us today at (843) 438-5561.
Frequently Asked Questions
Can I pursue a claim if I live in another state?
Living outside South Carolina does not by itself prevent you from seeking compensation for an injury here.
What if there is not enough insurance for everyone injured?
An automobile collision involving multiple injured persons creates uncertainty regarding available policy limits and other injured persons’ competing claims. Responsible third-party defendants or your own uninsured/under-insured motorists coverage may be additional sources of potential recovery.
Who brings a claim after a fatal crash?
In most cases, for South Carolina it is the deceased individual’s executor/administrator who will have the authority to bring a wrongful death action for the statutory beneficiaries. If you are a family member who has lost a loved one, please contact us to discuss your circumstances and see what how we may be able to help.
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