If your minor child is involved in a car accident in South Carolina, the situation can be both distressing and complex. Here’s a detailed guide to help you navigate the steps and responsibilities:

Immediate Steps to Take After the Accident

  1. Ensure Safety
  • Verify that your child is safe and seek immediate medical attention if necessary. If the accident is severe, call 911 for emergency assistance.
  • Ensure your child remains at the scene until authorities arrive, unless they need urgent medical care.
  1. Contact Law Enforcement
  • In South Carolina, any accident resulting in injury, death, or property damage exceeding $1,000 must be reported to the police. Officers will document the incident and create an official accident report.
  1. Gather Information
  • Encourage your child to exchange information with the other driver(s) involved, including:
  • Names, addresses, and contact information.
  • Vehicle details (make, model, license plate number).
  • Insurance company and policy number.
  • If your child is too young or unable to handle this, ensure they ask for assistance from a responsible adult at the scene.
  1. Document the Scene
  • Take photos of the vehicles, license plates, road conditions, and any visible injuries your child may have.
  • If your child is alone, encourage them to use their phone to capture as much evidence as possible.

Notify Relevant Parties

  1. Contact Your Insurance Company
  • Inform your insurer about the accident as soon as possible. Provide them with the police report and any other relevant documentation.
  1. Notify the Other Driver’s Insurance Company
  • If the other driver was at fault, you may need to initiate a claim with their insurer for damages or medical expenses.
  1. Inform the School (if applicable)
  • If the accident occurred during a school-sponsored event or involved a school vehicle, notify school administrators to determine additional reporting requirements.

Seek Medical Attention

Even if your child appears uninjured, it’s essential to have them evaluated by a healthcare professional. Some injuries, like whiplash or concussions, may not be immediately apparent. Retain all medical records for future reference.

Understand Liability Laws in South Carolina

South Carolina follows a modified comparative negligence rule. This means:

  • If your child (or you, as the guardian) is found less than 50% at fault, you can recover damages.
  • However, if they are 50% or more at fault, they may not be eligible for compensation.

Minors are generally not held liable for negligence in the same way adults are, but their actions may still impact fault determination.

Legal Considerations

  1. Guardian’s Responsibility

As the parent or legal guardian, you may be held financially responsible for damages caused by your minor child.

  • If your child was driving, ensure they were properly licensed or operating with a learner’s permit as required by South Carolina law.
  1. Filing a Personal Injury Claim

If your child was injured, you can file a claim on their behalf to cover medical bills, pain and suffering, and other damages.

  1. Consult an Attorney
  • For complex cases, such as disputes over fault or significant injuries, consult a personal injury attorney experienced in South Carolina laws. They can guide you through the claims process and protect your child’s interests.

Emotional Support for Your Child

Car accidents can be traumatic for children. Offer emotional support, and consider counseling if they experience ongoing anxiety, fear, or stress following the accident.

By following these steps, you can ensure your child’s physical, emotional, and legal needs are addressed after a car accident in South Carolina.