If you have been involved in a car accident, you may find it very difficult to navigate the aftermath. Many accident victims do not understand the compensation and liability laws in South Carolina. A very important aspect of car accident claims centers around the legal concept of comparative negligence. This law plays a critical role in determining fault, valuing damages, and the settlement an accident victim ultimately receives after a crash.
Below, our Charleston car accident lawyer outlines the principles of the comparative negligence law, how they impact liability, and the importance of working with a seasoned attorney who will protect your rights.
What is the Comparative Negligence Law in South Carolina?
South Carolina uses the modified comparative fault system. This means that accident victims must be less than 50 percent at fault to obtain damages. When a person is more than 50 percent at fault, they are barred from receiving any compensation at all. When an accident victim is less than 50 percent at fault, they can still file a claim for compensation, but the amount of damages they receive will be reduced by their percentage of fault.
For example, a driver may have been distracted while driving through an intersection so they failed to see that an approaching motorist was not stopping for the red light. The driver who ran the red light may then slam into the side of the driver who was abiding by the traffic lights. In this situation, both drivers have broken the law and so, each may carry a certain percentage of fault.
Due to the fact that the distracted driver’s actions would not have caused the crash, they may be assigned 20 percent of fault because they also did not try to prevent an accident. The driver who ran the red light may be assigned 80 percent of fault because it was this action that directly caused the accident and the violation of the law was more egregious than distracted driving. If the distracted driver was initially awarded $100,000, the damages would be reduced by 20 percent and they would ultimately receive $80,000.
How is South Carolina Comparative Fault Determined in Car Accident Claims
In car accident cases, comparative negligence determines each side’s degree of fault for the crash. In Charleston, and throughout all of South Carolina, each party involved in a car crash is given the opportunity to tell their side of the story and who they believe to be at fault.
Determining fault often involves different factors and evidence, including:
- Testimony of eyewitnesses
- Police reports
- Pictures and video footage from the accident scene
- Weather conditions at the time of the crash
- Lighting, vehicle speed, and possible mechanical issues
- Skid marks and other physical evidence at the scene of the crash
The comparative negligence law will apply after each party’s degree of liability is established. The compensation awarded to the accident victim will then be adjusted.
Comparative Negligence Defenses
It is not uncommon for insurance companies, and the liable parties they represent, to raise the defense of comparative negligence to shield themselves from paying full damages. There are many defenses they use when employing this tactic, including:
- Speeding: Defendants often claim that accident victims were speeding and so, they share some of the blame for the crash.
- Failing to yield: Defendants sometimes argue that accident victims caused or at least contributed to the crash because they failed to yield the right-of-way.
- Distracted driving: A person does not have to be on their phone to be accused of distracted driving. Defendants may argue that an injured individual was not paying attention to the road because they were talking to passengers, eating, or otherwise distracted.
- Impaired driving: If a police report or other evidence shows that an accident victim was impaired while behind the wheel, the defendant will likely use that fact to argue that they caused the collision or contributed to it.
It is important to note that just because the defendant raises comparative negligence as a defense, it does not mean they will automatically be successful with the claim. A Charleston car accident lawyer can defend against these arguments to help you obtain the full and fair damages you are entitled to.
How a Charleston Car Accident Lawyer Can Help with Claims of Comparative Fault
The comparative negligence law in South Carolina can make a car accident claim very complex. It is important accident victims work with a Charleston car accident lawyer who can ensure their rights are protected. When working on your claim and refuting claims of comparative fault, a lawyer will bring the following benefits:
- Comprehensive investigation: A lawyer will conduct an extensive investigation of the accident to determine how it occurred and collect evidence to determine liability and fault effectively.
- Aggressive negotiation: The initial settlement offers from insurance companies are almost never enough to fully cover the cost of an accident victim’s injuries. A lawyer will accurately value your claim, make a counteroffer, and negotiate aggressively on your behalf until a fair settlement is reached.
- Trial representation: Very few car accident cases go to trial, with the majority settling outside of court. Most people do not have the necessary experience to properly prepare for trial and so, it is critical to work with an attorney who can provide the sound legal representation you need.
Regardless of whether your case settles out of court or goes to trial, studies have shown that accident victims who work with an attorney obtain three times the compensation of those who do not.
Our Car Accident Lawyer in Charleston Can Provide the Legal Advice You Need
If you have been hurt in a car accident, do not go through the process on your own. At the office of Trey Harrell, our Charleston car accident lawyer can help you through the process, refute arguments that you contributed to the crash, and help you obtain the full and fair damages you deserve.
Contact us to schedule a consultation and to provide the legal advice you need. Remember Trey Helps!