South Carolina Carpool Accidents: Injured Child Passengers

Carpooling is a common way for parents to ensure their children get to school, extracurricular activities, and other events; however, parents also take certain risks when entering a carpool arrangement. Understanding that even a minor carpooling accident can result in an awkward situation between parents, it may be wise to address these issues upfront by discussing safety issues and insurance coverage with fellow drivers. Regardless, no amount of caution can eliminate the possibility of an accident. 

In South Carolina, if your child suffers injuries while carpooling in another family’s car, you may have the option to pursue a personal injury lawsuit against negligent drivers. It’s crucial to consult with a qualified South Carolina car accident attorney to obtain advice and determine the best course of action for your situation.

Types of Carpooling Arrangements

Carpooling arrangements can vary widely depending on the needs and preferences of the families involved. Below are a few of the most common types of carpooling arrangements:

Fixed-Schedule Carpooling: This is one of the most straightforward carpooling arrangements. Parents agree to transport children on a fixed schedule, for example, by taking their child and a friend to school at 7:00 a.m. This can also involve picking up or dropping off a child on specific weekdays. Most fixed-schedule carpools involve parents or caregivers sharing driving responsibilities.

Activity-Based Carpooling: Extracurricular activities like sports, music lessons, or clubs allow groups of children to ride together to or from the activity. Parents involved in this type of carpool arrangement usually have children participating in the same activity, making it convenient to share driving duties. In this scenario, it is possible that parents are transporting children they do not know personally.

Each carpooling arrangement has its advantages and challenges. The best type depends on the specific needs, schedules, and preferences of the individuals involved. Technology has made it easier to organize and participate in carpooling, offering environmental benefits, reduced travel costs, and the opportunity for social interaction during commutes.

Potential Causes of Carpooling Accidents

Carpool accidents can occur due to various factors, some of which mirror the general causes of traditional car accidents, while others may be more specific to the nature of carpooling. Below are some potential causes of carpool accidents:

Distracted Driving: Distractions are a leading cause of all vehicle accidents. These can include anything from using a mobile phone, eating, or adjusting the radio to distractions caused by passengers.

Driver Fatigue: In carpools, drivers may be on the road very early in the morning to accommodate the students’ schedules. This can lead to driving while tired, reducing reaction times and increasing the risk of accidents.

Speeding and Reckless Driving: Pressured to adhere to a tight schedule, carpool drivers might speed or engage in reckless driving behaviors to drop off students on time, increasing the likelihood of an accident.

Inexperience with the Route: Carpool drivers might not be familiar with the route or the driving conditions of the areas they are traveling through, which can lead to accidents if they encounter unexpected road conditions or hazards.

Poor Vehicle Maintenance: Carpools often use personal vehicles that might not be maintained rigorously as commercial vehicles. Poorly maintained vehicles can lead to mechanical failures on the road, such as brake failure or tire blowouts.

Adverse Weather Conditions: Rain, ice, fog, and other weather conditions can significantly increase the risk of an accident, especially if the driver is not experienced with or prepared for driving in such conditions.

Inadequate Safety Precautions: Not using seat belts, improperly using child safety seats, or overloading the vehicle can increase the severity of injuries in an accident.

Lack of Coordination Among Drivers: In rotational carpool arrangements, misunderstandings or lack of communication about who is driving can lead to last-minute arrangements where a driver might be rushed or unprepared, increasing the risk of accidents.

Overreliance on GPS and Navigation Systems: Heavy reliance on GPS can sometimes lead to dangerous situations, such as unexpected lane changes, sudden stops, or navigating to incorrect or unsafe locations.

Are Carpooling Accident Claims More Complex than Other Accidents?

Car accidents involving carpools in South Carolina present unique complexities that can make pursuing legal action challenging. First, determining liability can be difficult. In many carpool situations, there may be multiple drivers and vehicles involved, each potentially contributing to the accident’s cause. Proving negligence and apportioning fault among these parties can be a complex process.

Moreover, South Carolina follows a comparative negligence system, meaning that if the injured party is found partially responsible for the accident, their compensation may be reduced accordingly. While unlikely, it is theoretically possible for a child in the vehicle to cause a disruption, distracting the driver and ultimately leading to an accident. 

Insurance issues can also complicate matters. Carpooling arrangements often involve personal vehicles and insurance policies. Determining which insurance policy covers the accident and to what extent can be challenging. Moreover, minors are often unable to articulate the extent of their injuries, making it difficult to assess the value of a personal injury claim. 

It’s important to note that when minors are involved in car accidents, the legal proceedings can become more complex. The court may consider the minor’s age, maturity, and capacity. Additionally, the court may prioritize the minor’s best interests when determining liability and awarding damages. 

Teenage drivers also commonly serve as carpool drivers for their friends or younger siblings. And while many teenagers are responsible drivers, that is far from a universal truth. Whether it is due to inexperience or a less-than-careful attitude toward driving, teenage drivers are three times more likely to get into an accident than other drivers.

Who is Liable after a South Carolina Carpooling Accident? 

Negligence is a critical element in determining liability. To establish liability, it must be shown that one party was negligent and that their negligence was a significant factor in causing the accident. Negligence refers to the failure to exercise reasonable care, which is the care and caution that a reasonably prudent person would exercise in similar circumstances. In car accident cases involving carpools, examples of negligence may include speeding, distracted driving, running red lights, or driving under the influence of alcohol or drugs.

Parents of minors injured while riding in a carpool may have several avenues of recourse, including the carpool driver’s insurance, their own insurance, and any other vehicles/drivers involved in the crash. 

Damages for Minors Injured in Carpooling Accidents

In South Carolina, passengers of any age who suffer injuries due to a carpool accident may be eligible to recover the following types of damages.

Medical Expenses

Parents of minors who were injured in a carpool accident can seek medical bills related to their injuries. This may include hospitalization, surgery, doctor visits, prescription medications, rehabilitation, and other necessary medical treatments. This also includes the costs of any future medical care that a child may require as a result of their accident-related injuries. 

Loss of Consortium

In cases where a minor’s injuries have a significant impact on their relationship with their parents or guardians, the parents or guardians may be able to seek compensation for the emotional damages that arise from having a child who was seriously injured or killed in an accident.

Pain and Suffering

Parents of injured minors can also seek compensation for physical and emotional pain and suffering resulting from the accident and their injuries. This category of damages is often subjective and may vary depending on the severity and duration of the suffering.

It’s important to note that South Carolina law may place certain restrictions on the recovery of damages on behalf of minors, and the court may oversee the settlement or award to ensure the minor’s best interests are protected. Additionally, insurance coverage and the available assets of the at-fault party can impact the ability to recover damages.

Has Your Child Been Injured in a South Carolina Carpooling Accident?

If you have a child who was hurt in a carpool accident, it is important to understand your rights and what you can do to recover fair compensation for your child’s injuries. At the Steinberg Law Firm, our dedicated team of Charleston injury lawyers has over 95 years of hands-on experience representing accident victims and their loved ones. We’ve worked hard to earn a reputation as one of the best car accident law firms in Charleston, which is largely due to our successful track record. Over the past ten years alone, we’ve recovered more than $800 million on behalf of our clients and their families. To learn more about how the Steinberg Law Firm can help you, give us a call at 843-720-2800. You can also reach us through our online contact form.