What Is a Spinal Cord Injuries in Car Accidents Case?

Spinal cord injury from a car accident? Vehicle crashes are the leading cause of SCIs. Our attorneys bridge expertise in both auto accident and catastrophic injury litigation to maximize your recovery.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

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.

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What to Do After A spinal cord injuries in car accidents

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Spinal Cord Injuries in Car Accidents Case

To win a personal injury case involving a spinal cord injuries in car accidents, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Spinal Cord Injuries in Car Accidents Cases

Victims of a spinal cord injuries in car accidents injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Spinal Cord Injuries in Car Accidents Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Spinal Cord Injuries in Car Accidents Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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