South Carolina Accidents

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vehicular assault

Miss this term, and you can badly underestimate what happened after a crash: a wreck that looks like "just an accident" may actually be treated as a violent criminal act because a driver used a vehicle in a way that seriously injured someone. Vehicular assault usually means causing bodily injury with a motor vehicle through reckless, dangerous, or impaired driving. In some states it is a named criminal offense. In others, the same conduct gets charged under different labels, such as DUI, reckless driving, or assault-related crimes when a car is used as the weapon.

That difference matters fast. A vehicular assault allegation can trigger arrest, license consequences, jail exposure, and a criminal case running alongside any personal injury claim. For the injured person, the facts behind that charge can help prove negligence, recklessness, or even support a claim for punitive damages. It can also affect settlement pressure, insurance positions, and what evidence gets preserved.

South Carolina does not commonly use "vehicular assault" as a standard standalone charge the way some states do. Instead, prosecutors often use offenses such as felony DUI resulting in great bodily injury under S.C. Code Ann. ยง 56-5-2945 (2024) when impaired driving causes serious harm. That can matter after crashes involving flash flooding, when drivers barrel into stranded vehicles on flooded roads instead of slowing down and acting like conditions can kill.

by Priscilla Gadsden on 2026-03-22

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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