Can Out-of-State Drivers Be Sued in South Carolina?

Getting into a car crash can have devastating consequences for those involved. When the guilty party is a tourist from out of state, it can be difficult to know what your legal options are for financial recovery. It’s essential to consult with South Carolina car accident lawyers to help you fully understand how our state handles car accident cases when they involve a driver from a different state.

South Carolina Laws Surrounding Out-of-State Drivers

Known for its historic charm and extensive beaches and leisure activities, South Carolina has a flourishing tourism industry. However, when tourists come to visit, they may not be familiar with the state’s roads and traffic laws. This ignorance can lead to accidents, causing irreparable harm to those involved. Outlined in S.C. Code Ann. § 36-2-803, courts in South Carolina are allowed to exercise personal jurisdiction over out-of-state drivers who cause accidents and injuries in the state.

Out-of-state drivers are also subject to service and jurisdiction rules under S.C. Code Ann. § 15-9-350 et seq. If someone from another state drives in South Carolina and causes a car accident, the law treats them as if they agreed that the South Carolina DMV Director can accept legal papers for them.

This means a legal case against the out-of-state driver can be started by sending the court documents to the DMV Director instead of directly to the driver. Serving the papers this way is just as valid as handing them to the out-of-state driver in person, so the case can continue even if the driver has already left South Carolina. Working with a skilled attorney is essential during these types of cases, as they’ll understand the legal procedures related to tourist drivers.

How Courts in South Carolina Determine Fault in a Car Accident Case

In South Carolina, courts determine fault in a car accident by looking at all the evidence to decide who acted carelessly and caused the crash. They then use South Carolina’s modified comparative negligence rule, which assigns each driver a percentage of fault.

A victim can still recover compensation as long as they are 50% or less at fault, but their recovery is reduced by their percentage of fault. For instance:

• If an out-of-state driver was speeding and not using their blinker when they hit your car, they may be assigned 70% at fault for the crash.
• If you were talking on the phone while driving at the time of the incident you may be assigned 30% at fault.
• If you’re granted $100,000, it would be reduced by 30%, and you would only receive $70,000.

Car Accident Attorneys in South Carolina That You Can Rely On

Our team of South Carolina car accident lawyers are ready to help you understand the state’s complex system of traffic laws and local legal procedures. Kinon Law Firm has spent years making a real difference in our local community. We offer free consultations to new clients to offer transparent legal guidance, giving them the confidence they need to take on their legal case. Contact Kinon Law Firm by calling 843-488-9191 or through our online contact form.