A car accident can be devastating. If you have suffered severe injuries, you may end up racking up huge bills associated with the medical expenses.
A personal injury claim allows you to ensure that you receive the compensation to help you recover the losses incurred and, simultaneously, cushion you from incurring further losses.
Here is a brief explanation of South Carolina’s car accident compensation laws and how it affects your compensation. To learn more about this please contact our Greenville car accident lawyers as soon as possible.
Understanding South Carolina At-fault and Comparative Fault System
South Carolina is an at-fault state. This means that for a car accident victim to be compensated, they must determine the at-fault party and hold them responsible for the injury. In other words, the at-fault party is held liable for damages and any harm suffered.
It is not uncommon for injured victims to have contributed to the accident. South Carolina utilizes a modified comparative fault rule to remedy the challenges that may arise from such a situation.
The modified comparative fault rule provides that a plaintiff can only recover from the at-fault party if their percentage of fault is 50 percent or less. This means that a person injured in a car accident and whose percentage of fault is found to have exceeded fifty percent is not eligible to recover compensation for their injuries.
For this reason it is vital to prove that you were driving reasonably safely. Although this might not be straightforward, a skilled attorney can help you avoid being assigned a high percentage of fault in your personal injury case.
South Carolina’s Accident Laws About Reporting an Accident
South Carolina’s car accident laws have a stringent provision concerning reporting accidents. Put briefly, the law requires any person involved in a car accident within this jurisdiction to report the accident immediately.
The law mandates drivers involved in a car accident to make such a report to the local police of their municipality. Alternatively, the report can be made to the county sheriff’s office or the closest South Carolina Highway patrol office.
There is also a provision requiring the owner or driver of a vehicle that was involved in a car accident to file a written report to the South Carolina Department of Motor Vehicles within 15 days after the accident if the accident resulted in:
- Property damage of $ 1,000 or more
- Bodily injury
What is the Statute of Limitations for a Car Accident in South Carolina?
The statute of limitations provides the time limit for filing a claim for compensation in South Carolina. Unless the collision involved a governmental entity or employee, you have three years from the date of the accident to file a personal injury claim in South Carolina. If the collision involved the government, the statute of limitations is two years.
If you fail to file the claim within this timeframe, your claim may be discarded. However, there is an exception to this rule if the injured person is below 18 years at the time of the injury. In such a case, the victim has one year to file after he reaches 18 years.
Should You Hire an Attorney?
If you or your loved ones sustained an injury in a car accident that occurred due to someone else’s negligence, you might be entitled to compensation. An experienced and qualified attorney can help provide a breakdown of the law applicable in your case and safeguard your rights and interests throughout the claim process.
Since the claim process is often complex, securing an attorney is imperative before initiating a claim for compensation in South Carolina.
Need help? Contact Our Car Accident Attorneys!
The team at David R. Price, Jr., P.A. has the skills and experience handling personal injury claims in South Carolina to hold at-fault parties accountable for the compensation you deserve. Trust us to work hard and help you obtain closure and the compensation you deserve.
Contact us today for a free case evaluation.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.