The unexpected loss of a loved one in a fatal car accident is a tragedy no family is prepared for. In Charleston, South Carolina, car accidents occur more often than many people realize, and they often leave families devastated and confused. In these heartbreaking moments, knowing what to do next,legally, emotionally, and practically,can provide some sense of direction.
At Ted Law Firm, we understand the intense emotional toll this situation causes. This blog outlines what families should do after a fatal car accident, from preserving the accident scene evidence to pursuing justice under South Carolina law.
Step 1: Confirm Medical Status and Fatality
If you’re present at the accident scene, always prioritize safety and call 911. Emergency services will assess the situation, provide medical help to survivors, and confirm the fatality. If the crash occurs on a highway or involves multiple vehicles, South Carolina law requires law enforcement to respond immediately and file a report.
Even in tragic moments like these, accurate documentation from the accident scene is vital for building a case later.
Step 2: File a Police Report
After emergency personnel arrive, a full police report will be filed. In fatal car accidents, this report becomes essential. Be sure to:
- Get the incident number
- Record officer names
- Ask which agency is handling the case,whether it’s the Charleston Police, North Carolina border authorities (if applicable), or South Carolina law enforcement
Documentation from the accident scene helps determine fault and support any claim you may file.
Step 3: Notify the Family
Informing family members is one of the most heartbreaking tasks. While South Carolina law does not mandate how or when families are notified, timely communication is crucial for both emotional and legal reasons. Use discretion and compassion when sharing such news, especially if children or elderly relatives are involved.
Step 4: Manage Funeral Arrangements
Next, you’ll need to make arrangements for burial or cremation. The process can be expensive and stressful, especially after sudden fatal car accidents. Choosing a local funeral home in Charleston, or even across North Carolina state lines, requires careful thought. Costs may be recoverable in a wrongful death claim under South Carolina law.
Step 5: Preserve Evidence from the Accident Scene
Do not underestimate the importance of evidence. The accident scene contains critical clues that may determine liability, especially if the wreck involved:
- Poor road conditions
- Distracted or drunk drivers
- Mechanical failures related to companies like Carolina Metal, which manufactures parts used in some vehicles
Collect:
- Crash photos
- Dashcam footage
- Witness statements
- Vehicle part information (possibly involving Carolina Metal if a mechanical issue is suspected)
All of this supports claims made under South Carolina law or, in cross-border cases, North Carolina statutes.
Step 6: Avoid Speaking with Insurance Adjusters
Insurance companies will often contact families within days of fatal car accidents. They may offer fast settlements or try to record a statement. But anything said prematurely can hurt your legal standing.
Let Ted Law Firm handle all communication. This protects your rights under South Carolina law, and ensures you don’t fall victim to insurance tactics that aim to minimize compensation.
Step 7: Consider Filing a Wrongful Death Claim
In South Carolina, families can pursue justice through a wrongful death claim when fatal car accidents result from negligence. Under South Carolina law, eligible parties can seek compensation for:
- Medical expenses
- Funeral costs
- Lost wages
- Pain and suffering
- Loss of companionship
If the accident involved a faulty part possibly linked to a supplier like Carolina Metal, that opens another avenue for accountability.
For border-related cases or accidents with ties to North Carolina, interstate laws may apply. That’s why working with a knowledgeable legal team like Ted Law Firm is essential.
Step 8: Time Limits and Legal Deadlines
South Carolina law gives you three years from the date of death to file a wrongful death lawsuit. If the car accident involved manufacturers or multiple vehicles (especially commercial ones from North Carolina), it’s even more important to act quickly.
Step 9: Determining Fault
Proving fault in fatal car accidents requires investigation, especially if external factors are involved. Fault may lie with:
- A negligent driver
- Faulty equipment made by companies like Carolina Metal
- Dangerous road design
- City or county maintenance failures
The law in South Carolina and North Carolina supports holding all contributing parties accountable, including corporate manufacturers and third-party contractors.
Step 10: Seek Counseling and Emotional Support
Grief doesn’t follow a schedule. After fatal car accidents, families may struggle with PTSD, anxiety, and other emotional effects. Support groups and counseling centers are available throughout Charleston and surrounding areas, including North Carolina counties.
Step 11: Get Legal Support from Ted Law Firm
Pursuing legal action under South Carolina law or potentially North Carolina regulations requires dedication and skill. At Ted Law Firm, we work to ease your legal burden during this difficult time. Our focus is on:
- Investigating the accident scene
- Preserving vehicle part evidence (including concerns about manufacturers like Carolina Metal)
- Negotiating with insurance companies
- Filing a wrongful death claim that reflects your full losses
Whether your loved one was killed in Charleston or near the North Carolina border, our firm is ready to stand beside you.
Step 12: Honor Their Memory
Many families choose to turn their grief into action:
- Create a scholarship in the victim’s name
- Raise awareness about car accidents and road safety
- Advocate for changes to South Carolina law that may have prevented the accident
- File product liability claims against negligent companies like Carolina Metal when warranted
Your loved one’s legacy deserves to be remembered with dignity, justice, and action.
Let Ted Law Firm Help You Seek Justice
If your family is dealing with the aftermath of a fatal car wreck, trust Ted Law Firm to help guide you through the legal process. Our team understands the pain and confusion families feel after tragic car accidents. We are committed to standing with Charleston families and those across North Carolina .Our experienced attorneys fight for your rights securing damages for medical bills, emotional distress, and more. Serving Aiken, Anderson, Myrtle Beach, North Augusta, Orangeburg, Charleston, Columbia, Greenville, and Summerville . Contact Ted Law Firm today for a free consultation. We’re here to help you get the justice you deserve.
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.
