How Could South Carolina’s Comparative Negligence Laws Impact Your Auto Injury Case?
South Carolina’s comparative negligence laws could impact your auto injury case by reducing the compensation you could receive or barring you from recovering any compensation, depending on your degree of fault. However, you should never assume that you will be unable to recover compensation or that a reduced recovery would not be worth filing an auto accident claim.
The best way to explore your options and learn about your rights to pursue compensation is to consult an experienced auto accident lawyer. They can help you seek justice and a financial recovery for the losses you have suffered, even when the insurance company claims you were the one at fault.
What Is Comparative Negligence in South Carolina?
Comparative negligence, or comparative fault, is a system in which the compensation awarded to a plaintiff in a lawsuit decreases based on their fault percentage. It differs from the common law legal principle known as “contributory negligence,” which potentially bars a person from recovering damages if they are even slightly responsible for their injuries. In contrast, in pure comparative negligence states, victims can recover partial compensation as long as they are not 100 percent at fault.
South Carolina follows a modified comparative negligence rule. Under South Carolina law, victims in personal injury cases can recover partial compensation only if their degree of fault doesn’t cross a specific threshold. In South Carolina, that threshold is 51 percent.
The comparative negligence rule applies to compensation that injured parties recover through lawsuits. However, insurance companies still use the rule to inform their settlement offers in South Carolina shared-fault car accident cases.
For example, if the insurance company believes you share partial fault for the car accident, it’s unlikely to offer the full compensation you’re seeking during settlement negotiations. Insurance companies never want to settle for more than they would be required to pay after a trial and verdict.
How Would Comparative Negligence Affect Your Auto Injury Claim?
Understanding how fault affects compensation in South Carolina auto injury claims is critical for victims. The basic rule is that for every one percent of fault assigned to you for the accident, your compensation will decrease by one percent.
So, if you were 30 percent at fault for an accident, you would be able to recover only 70 percent of your compensation from a lawsuit. Typically, an auto insurance company would not make a settlement offer exceeding that amount.
Additionally, South Carolina’s 51 percent rule bars victims from recovering any compensation if their share of fault is 51 percent or more. So, you must be 50 percent or less at fault to recover fair compensation through a personal injury lawsuit.
The best way to protect your rights concerning your degree of fault in a car accident is to work with an experienced personal injury attorney. They’ll gather supporting evidence to show the other party was primarily at fault and represent you in settlement negotiations and at trial.
What Evidence Proves Fault in Car Crashes?
Proving fault in car crash cases requires gathering various types of evidence demonstrating that the other party was responsible for the accident. The evidence your lawyer will collect to support your case may include:
- Accident scene photographs showing the damage done to the vehicles involved in the crash
- Traffic, dashboard, or surveillance camera footage showing the accident occurring
- Eyewitness statements that back up your story about how the accident happened
- Expert witness case review and testimony, such as that from crash reconstruction specialists and medical professionals.
It can be challenging to obtain the necessary evidence to support your case on your own. Fortunately, our lawyers have the experience and resources to preserve, gather, and analyze evidence in car accident cases to help determine fault.
What Are Common Shared-Fault Situations in South Carolina Car Accidents?
Shared-fault situations in South Carolina car accidents are common. While some crashes stem from the negligence of a single driver or party, many involve multiple parties who share some degree of fault.
Suppose a driver runs a red light or a stop sign and collides with you while you’re speeding. Under these circumstances, the driver who ran the red light would be at fault for the accident. However, if you were speeding when the collision occurred, you may bear some responsibility for the crash and your injuries.
Another example is a multi-vehicle crash in which one car strikes you. In turn, the collision causes you to hit a car. The insurance companies may attempt to place some of the blame on you.
How Can an Auto Injury Lawyer Protect You Under SC’s Comparative Negligence Rules?
Our auto injury lawyers can protect your rights under SC’s comparative negligence rules by:
- Investigating the accident and collecting supporting evidence that strengthens your claim
- Identifying all parties who contributed to the accident
- Protecting you against baseless accusations that you share fault for the accident
- Hiring experts when necessary, including crash reconstruction specialists
- Calculating the compensation you deserve for your injuries and property damage
- Negotiating with the insurance companies for fair settlement offers
- Handling communication with the insurance companies to prevent them from confusing you.
- Rejecting low settlement offers and going to trial, if necessary, to seek maximum compensation.
Insurance companies try to pay as little compensation as possible to auto accident victims. By seeking experienced legal representation, you can improve your ability to recover maximum compensation.
Contact Our Experienced South Carolina Personal Injury Lawyers Today
For over 45 years, Elrod Pope Accident & Injury Attorneys has built a reputation based on trust, compassion, and results, serving clients from six offices in South Carolina and North Carolina (Rock Hill, Fort Mill, Lancaster, Lake Wylie, York, and Charlotte).
We are a family-oriented law firm that takes the time to understand clients’ challenges and treats every client like family. We prioritize our clients’ well-being and strive to provide exceptional legal services. When clients work with us, they are not just another case number. Instead, they are valued members of our family and our community.
Contact our firm today to receive a free consultation about your case. We’re available 24/7 and look forward to hearing from you.