Spinal Cord Injuries in Car Accidents — Georgia & South Carolina
Car accidents are the leading cause of spinal cord injuries in the United States, accounting for approximately 39% of all new SCIs according to the National Spinal Cord Injury Statistical Center. The tremendous forces generated in vehicle collisions — even at moderate speeds — can fracture vertebrae, herniate discs, and damage or sever the spinal cord, resulting in life-altering paraplegia or tetraplegia.
At Roden Law, our attorneys combine deep experience in both automobile accident litigation and catastrophic spinal cord injury cases. We represent victims throughout Georgia and South Carolina, pursuing the maximum compensation needed to cover a lifetime of medical care, adaptive equipment, and lost earnings.
How Car Accidents Cause Spinal Cord Injuries
Different crash types produce different mechanisms of spinal cord injury:
- Rear-end collisions: Cause hyperextension-hyperflexion (whiplash) injuries to the cervical spine. In severe rear-end crashes, cervical fracture-dislocation can cause tetraplegia
- Head-on collisions: Generate extreme deceleration forces that compress the thoracic and lumbar spine, causing burst fractures and disc herniations
- T-bone (side-impact) crashes: Lateral forces can cause spinal fracture-dislocations and rotational injuries to the cord
- Rollovers: Multiple impact forces from all directions, combined with potential roof crush and ejection, create high risk of cervical SCI
- Ejection: Unbelted occupants ejected from vehicles suffer spinal cord injuries at extremely high rates due to impact with the ground, other objects, or the vehicle itself
Establishing Liability in Car Accident SCI Cases
Proving who caused the accident is the foundation of a spinal cord injury claim. Common sources of liability include:
- Negligent drivers: Distracted driving, speeding, impaired driving (DUI), running red lights, aggressive driving, and failure to yield
- Commercial vehicle operators: Truck driver fatigue, trucking company safety violations, and overloaded vehicles — trucking companies are vicariously liable for their drivers’ negligence
- Vehicle manufacturers: Defective auto parts including defective seatbelts, airbags, roof structures, and seats that fail to protect occupants during crashes
- Government entities: Dangerous road design, inadequate signage, missing guardrails, or failure to maintain roadways
Georgia follows the rule of modified comparative fault (O.C.G.A. § 51-12-33), allowing recovery if the injured person’s fault was less than 50%. South Carolina’s threshold is 51%.
Concurrent Brain and Spinal Cord Injuries
Car accident victims who suffer spinal cord injuries frequently also sustain traumatic brain injuries (TBI). The same violent forces that damage the spinal cord can also cause the brain to strike the inside of the skull. Concurrent TBI and SCI significantly compound the victim’s challenges, complicating rehabilitation and dramatically increasing lifetime care costs. Our attorneys evaluate every car accident SCI case for potential brain injury and ensure both injuries are fully documented and compensated.
Insurance Issues in Car Accident SCI Cases
Spinal cord injury damages routinely exceed the at-fault driver’s insurance policy limits. Our attorneys pursue all available coverage:
- At-fault driver’s liability insurance: The primary source, but often insufficient for catastrophic SCI
- Underinsured motorist (UIM) coverage: Your own policy’s UIM coverage can supplement the at-fault driver’s insufficient coverage
- Umbrella policies: Additional liability coverage above standard policy limits
- Employer liability: When the at-fault driver was working at the time of the crash (respondeat superior)
- Multiple defendants: Identifying all potentially liable parties — vehicle manufacturers, road designers, bar owners who overserved a drunk driver
Filing Deadlines
Georgia’s 2-year statute of limitations (O.C.G.A. § 9-3-33) and South Carolina’s 3-year limit (S.C. Code § 15-3-530) apply. Evidence preservation is critical in car accident SCI cases — vehicle data recorders, surveillance footage, and physical evidence degrade or are destroyed quickly.