Car accidents happen every day in South Carolina, and determining who is at fault isn’t always straightforward. The situation becomes particularly complicated when multiple drivers share some responsibility for the accident.
Under South Carolina negligence law, responsibility for a car wreck can be shared between two or more drivers. This means that even if you are partly to blame for an accident, you might still be eligible to receive compensation for your injuries, but how much you receive will depend on your level of fault.
If you’ve been involved in a car accident in South Carolina, especially one where fault for the collision is unclear, having an experienced Greenville car accident attorney on your side can make a big difference for your recovery in your recovery.
What Is Comparative Negligence?
The South Carolina comparative negligence statute is S.C. Code § 15-38-15. This statute sets out the legal rules that apply when multiple parties are responsible for an accident. Instead of putting all the blame on one person, it allows the fault to be shared between all responsible parties based on each person’s actions.
One example is a wreck where one driver is driving a little over the speed limit, and another driver suddenly pulls out in front of the other driver without looking. Both drivers did something wrong, so both may be considered partly at fault. Comparative negligence requires the jury or judge to determine how much each person contributed to the accident.
If you are partly at fault for a car wreck, it doesn’t automatically mean you can’t recover money for your damages from the car accident injuries. In South Carolina, you can still get compensation as long as you’re less than 50% at fault. However, the amount you receive will be reduced based on your share of the blame.
How Percentages of Fault Impact an Injured Person’s Compensation
In South Carolina, the amount of money you can recover after a car accident depends on how much of the accident was your fault. This is because South Carolina employs a rule known as modified comparative negligence.
Here’s how it works: If you were partly responsible for the crash, your compensation is reduced by the percentage of fault assigned to you by the court. For example, if a court decides you were 20% at fault and your damages total $50,000, you’d still be able to recover 80% of that amount, which is $40,000.
However, there are limits to how much fault you can share and still recover for your injuries. If you’re found to be 50% or more at fault, the law says you can’t recover anything. That means even if you’re injured, you may walk away with nothing if the other driver or their insurance company can prove that you were equally or more to blame than the other driver.
Determining Fault After a Car Accident in South Carolina
Determining who is at fault after a car accident isn’t always clear-cut. In South Carolina, fault plays a major role in how much compensation you can receive and whether you can recover anything at all. That’s why it’s essential to understand how fault is determined and what evidence is relevant.
When an accident happens, several things come into play:
- Police Investigations and Reports: When officers respond to the scene, they investigate and document their observations and opinions about what happened, usually even noting who they believe caused the crash. While not the final word, these reports often carry a lot of weight with insurance companies.
- Eyewitness Statements: Individuals who witnessed the accident unfold can offer valuable insights. Their accounts can either support or challenge your version of events.
- Vehicle Damage and Skid Marks: The position of the vehicles, point of impact, and visible damage all help tell the story. Experts can even analyze skid marks or debris to reconstruct the sequence of events that led to the accident.
- Traffic and Surveillance Cameras: In some cases, footage from traffic lights, nearby businesses, or dashcams can be game-changing when it comes to proving what happened.
Ultimately, fault is determined by the court based on all the available evidence. Insurance companies conduct their investigations, but they never look for the truth. They’re looking to minimize how much they have to pay out.
Challenges in Proving Fault in South Carolina Comparative Negligence Claims
Here are a few common challenges people face when trying to prove fault:
1. Conflicting Stories
It’s rare for everyone involved in a crash to agree on what happened. Drivers often remember events differently, and sometimes, they’ll stretch the truth to protect themselves.
2. Limited or Unclear Evidence
The moments right after an accident are chaotic. You might forget to take photos, gather witness info, or request surveillance footage. If there’s little evidence to go on, it’s easier for an insurance adjuster to argue you were more at fault than you were.
3. Biased or Incomplete Police Reports
Police reports are important, but they’re not always perfect. Officers may make mistakes, miss key details, or unknowingly include hearsay or assumptions that paint you in a negative light. If the report leans against you, it can be tough to disprove that narrative.
4. Insurance Company Tactics
Insurance companies aren’t on your side. They’re trained to look for ways to reduce or deny your claim. One of their favorite tactics is to argue that you were mostly at fault. If they can pin 50% or more of the blame on you, they don’t have to pay you a dime under South Carolina negligence law.
How a Greenville Car Accident Lawyer Can Help
When you’re already struggling with injuries after a car accident, often the very last thing you want to be burdened with is handling your personal injury case. Here’s how we can help:
- Investigate the accident thoroughly. We gather the necessary evidence to establish what happened, including police reports, witness statements, photos, video footage, and expert analysis.
- Push back against unfair blame. If the insurance company tries to say the accident was your fault (or even partly your fault), we’ll challenge them with facts and fight to keep your fault percentage as low as possible.
- Handle all communication. Dealing with adjusters can be frustrating and risky. We speak on your behalf, so nothing you say can be used against you.
- Negotiate a fair settlement. You deserve full compensation, not a lowball offer. We’ll calculate the true value of your case and work to secure it for you.
- Take your case to court if necessary. If the insurance company won’t treat you fairly, we’re prepared to go to trial and won’t back down.
Contact a Greenville Car Accident Lawyer
If you’ve been hurt in a car accident and the fault is being disputed, don’t leave your future in the hands of an insurance adjuster. The more quickly you talk to an experienced attorney, the better your chances of protecting your rights and getting the compensation you deserve.
Contact David R. Price, Jr., P.A. at 864-271-2636 for a free consultation. Let us help you understand how South Carolina negligence law applies to your case, and allow us to fight for the outcome you deserve.