Lawyer: Benjamin faces great liability for crash

Mayor-Elect Steve Benjamin

Columbia Mayor-Elect Steve Benjamin may not be out of the woods yet when it comes to the fallout from his April 21 traffic accident that left Columbia resident Deborah Rubens hospitalized.

Benjamin was cited for driving without his headlights during the early morning crash.

Trial lawyer Brink Hinson says a civil jury will look at which side carries more fault.

"In South Carolina, we don't cap an award in an automobile accident such as this," says Hinson of Janet, Jenner & Suggs. "We would cap an award in a medical malpractice case."

Hinson also tells WACH FOX News a benchmark for settlement in a case such as this is often three times the cost of medical care. However, if the case goes to trial the recovery could be much greater.

Benjamin could also be on the hook for lost wages and pain and suffering.