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Traffic on a multi-lane interstate highway near Greenville, South Carolina, where interstate accident claims arise

South Carolina is the fastest-growing state in the U.S., according to WJBF. This influx also means more traffic on interstate highways across the Palmetto State, including right here in Greenville.

If you have been hurt in an accident on I-85, I-185, I-385, or another major highway in the area, you need help from a personal injury lawyer who knows what makes these roads dangerous and how local insurance adjusters, courts, and juries will evaluate your case.

Since 2018, The Melonakos Law Firm has been taking and winning car accident cases for injured victims in Greenville and across the Upstate. Let us provide you with the compassionate counsel you deserve during this challenging time.

Contact us today for a free consultation with a Greenville interstate accident lawyer.

Where Interstate Crashes Happen Around Greenville: I-85, I-385, and I-185

Three interstate highways serve the Greenville area. They are:

  • Interstate 85, which carries heavy traffic from Atlanta in the southwest to Charlotte in the northeast. There were 1,127 total collisions on I-85 in Greenville County in 2023, the most recent year with available data. The crashes resulted in six deaths, four serious injuries, and 249 other injuries.
  • Interstate 385, a spur of I-85 connecting Greenville in the northwest with Interstate 26 in the southeast. This interstate saw 726 total collisions that same year, resulting in five deaths, 12 serious injuries, and 210 other injuries.
  • Interstate 185, another spur of I-85 that forms a partial beltway around the southern Greenville area. This interstate experienced 58 total crashes in 2023, resulting in one death and six non-serious injuries.

Several factors make these interstates particularly high-risk areas. High speeds give drivers less time to react to hazards, and high-speed collisions also generate more force on impact. On- and off-ramps bring drivers into and out of high-speed traffic lanes from feeder roads with lower speed limits. Moreover, interstate highways are often unfamiliar to drivers who are new to the area or simply passing through, making them more susceptible to accidents.

Why an Interstate Crash Claim Can Be Harder to Settle Than a City Street Wreck

A driver who causes a car accident in South Carolina is financially responsible for any injuries and property damage other people suffer as a result. However, that simple rule becomes much more complex in practice when an accident happens on an interstate highway.

Chain-reaction pileups can involve multiple at-fault drivers, while collisions involving commercial trucks may involve corporate liability for the trucking company. What’s more, the insurance companies that represent the multiple parties might try to shift blame onto each other, complicating settlement negotiations. That is because at-fault parties in South Carolina are responsible only for their share of accident fault, under the Uniform Contribution Among Tortfeasors Act, unless they are found to be more than 50 percent to blame. That opens the door for disputes among the at-fault parties.

Collectively, these factors underscore the importance of having a Greenville highway accident attorney to handle your auto accident claim and navigate the insurance system for you.

What Happens When the At-Fault Driver’s Coverage Runs Out?

Another potential challenge in interstate accidents arises when multiple injured parties must rely on the same insurance policy to cover medical bills, future medical expenses, lost wages, pain and suffering, and other losses. While South Carolina requires all motorists to carry liability insurance to pay for accidents they cause, it sets minimum limits of just:

  • $25,000 for one person injured in an accident
  • $50,000 for all people injured in an accident
  • $25,000 for property damaged in an accident

These limits simply are not enough to provide fair compensation for the cost of a severe accident that injures several people. Fortunately, injury victims who have purchased optional underinsured motorist (UIM) coverage may have additional sources of compensation through their own auto insurance policies.

UIM coverage can cover an injured person’s damages that exceed the limits of the at-fault party’s liability coverage. For example, if someone suffers $40,000 in losses, but the at-fault driver carries only the minimum $25,000 in liability coverage, the UIM coverage could cover the remaining $15,000.

Unlike UIM coverage, uninsured motorist (UM) coverage is mandatory under South Carolina law. UM coverage steps in to serve as the insurance policy covering damages for the policyholder when an at-fault driver has illegally failed to purchase their own liability policy.

South Carolina also allows the stacking of UM and UIM policies in injury claims. That means injured motorists who are covered by multiple policies can seek compensation through each one until either their losses are covered or they reach the maximum limits of all available policies. Stacking policies might come into play when an injured vehicle occupant has their own UIM policy as well as coverage through a family or household member’s UIM policy.

Our Greenville car accident attorneys can review the terms of your insurance policies to determine the full extent of your coverage.

Who Investigates a Wreck on I-85, I-185, or I-385 and How to Get Your Report

Unlike most accidents that happen on Greenville city roads, interstate collisions typically are investigated by the South Carolina Highway Patrol rather than the Greenville Police Department. You can request a copy of the accident report that SCHP took of the accident through the Department of Motor Vehicles website. The report includes information about the drivers and vehicles involved in the crash, a description of the accident scene, and the sequence of events according to the responding trooper’s initial investigation.

Note that the police report is distinct from the Form FR-10 you may have been given by the trooper who responded to the scene. The FR-10 goes to your insurer to confirm your coverage, regardless of fault.

It’s also worth noting that while police accident reports can be useful during settlement negotiations with the insurance company, the portion regarding the trooper’s opinions or judgments about fault is inadmissible at trial in South Carolina.

If your case does go to trial, it will likely be heard at the Greenville County Court of Common Pleas in the Thirteenth Judicial Circuit, provided the accident happened within the boundaries of Greenville County. Accidents that occur over the county line in Anderson County or Spartanburg County, for example, would be heard in the court for the county where the crash occurred.

Why Injured Drivers Across the Upstate Choose The Melonakos Law Firm

Drivers injured in interstate accidents in the Upstate know to turn to The Melonakos Law Firm for help. That is because Greenville I-85 accident lawyer Michael Melonakos and his team have come through on behalf of car accident victims, with a proven track record of results such as:

  • $375,000 settlement for a tractor-trailer driver who was rear-ended by another truck driver on I-85 in Cherokee County
  • $500,000 pre-lawsuit settlement for a client who was rear-ended by a tractor-trailer and underwent a discectomy

While past results do not guarantee future outcomes, they do illustrate the experience we have with personal injury cases involving complex interstate crashes.

Get a Free Case Review from a Greenville Interstate Accident Lawyer

Were you hurt in an interstate car accident in the Greenville area? The Melonakos Law Firm can help whether you are looking for an attorney for a car accident on I-385 in Greenville, SC, an I-85 accident lawyer in Greenville, an interstate crash attorney in Greenville, or simply an attorney who knows how to get the job done wherever the crash occurred.

Contact us today for your free consultation with a Greenville car accident lawyer at our firm.

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Legally Reviewed By
Michael Melonakos
Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.