South Carolina operates under a system known as comparative negligence, which plays a role in determining how compensation is awarded after a car accident.
While some states follow a no-fault system, South Carolina allows you to seek compensation from the driver who is at fault. Under South Carolina negligence law, the fault is determined based on an investigation into the circumstances of the accident. This includes reviewing police reports, witness testimony, and any other relevant evidence.
The degree of fault each party holds will directly affect the compensation they receive. If you’re found to be partially at fault, your compensation will be reduced by the percentage of fault assigned to you.
What Is South Carolina Comparative Negligence?
South Carolina comparative negligence is a law that determines how fault is shared between parties in an accident. Under this system, the court assesses the degree of fault each party holds in causing the accident and assigns a percentage of responsibility to each party involved.
South Carolina uses a modified comparative negligence system, which means each party’s responsibility is weighed. If you’re less than 50% at fault, you can seek compensation from the other party. However, if you’re more than 50% at fault, you may not be able to recover damages.
If you are partially at fault for an accident, your compensation may be reduced by the percentage of your fault.
For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your recovery would be reduced by 20%, leaving you with $80,000.
This approach aims to ensure fairness in determining compensation after accidents, recognizing that fault can sometimes be shared. It’s about assessing the facts of each case to determine the degree of responsibility each party holds.
Is SC an At-Fault State?
South Carolina is an at-fault state when it comes to car accidents. This means that when an accident happens, the driver who is determined to be at fault is responsible for paying for the damages—whether through their insurance or out-of-pocket.
In situations where both drivers share blame, the South Carolina comparative negligence system will come into play, affecting how much compensation each driver is entitled to receive.
How Fault is Determined After a Car Accident in South Carolina
Here’s how fault is generally determined after a car accident in South Carolina:
- Police Reports: When officers respond to the scene, they write a report detailing what happened. This includes their observations and evidence from the scene. This report can be an important part of determining fault.
- Witness Statements: If there were any witnesses to the accident, their statements can help clarify what happened. Eyewitnesses may provide valuable insight into how the accident occurred and who was responsible.
- Traffic Laws: South Carolina’s traffic laws play a big role in determining fault. For example, if one driver was speeding or ran a red light, that driver may be considered at fault for the accident.
- Evidence from the Scene: The physical evidence, such as skid marks, vehicle damage, and the position of the cars, helps investigators piece together what happened before, during, and after the crash.
- Driver Actions: The behavior of each driver before the accident is also important. If one driver was distracted by their phone or failed to yield when required, they may be found at fault.
- Insurance Companies’ Investigations: After a claim is filed, each party’s insurance company will launch its investigation into the accident. They will review the evidence to determine fault.
How Our South Carolina Car Accident Lawyer Can Help
At Savage, Royall & Sheheen, LLP, our South Carolina car accident lawyers are here to guide you through this difficult time. Here is how we can help
- Investigating Your Case: We’ll investigate the details of your accident to determine who was at fault and gather evidence to support your claim. Our team will conduct a thorough investigation, review police reports, talk to witnesses, and consult with experts.
- Handling Communication: Our lawyers will handle all communications with the insurance companies on your behalf, ensuring that your rights are protected and that you don’t settle for less than you deserve.
- Negotiating Fair Compensation: We are skilled negotiators who will fight for fair compensation for your injuries, damages, and losses. Whether through settlement negotiations or litigation, we’ll pursue the best possible outcome for you.
- Fighting for Maximum Compensation: Whether you’re facing medical bills, lost wages, or pain and suffering, our goal is to maximize your compensation. We calculate the full extent of your damages, including future medical expenses and ongoing rehabilitation needs, to ensure you receive fair and just compensation for your injuries.
- Advocacy in Court, if Needed: While many cases are settled out of court, sometimes litigation is necessary. If your case goes to trial, you can rest assured knowing that our skilled trial attorneys will advocate for your rights in the courtroom.
Contact Our Car Accident Lawyers in SC
At Savage, Royall & Sheheen, LLP, we understand the complexities of the South Carolina negligence laws and comparative negligence principles.
Our car accident attorneys can ease the burden and fight for a favorable outcome in a car accident case in South Carolina. We will investigate the accident, gather crucial evidence, and negotiate with insurers to maximize your recovery, even if you bear some degree of fault.
If you’ve been injured in a car accident in South Carolina contact our car accident lawyers at 803-432-4391 or use our online contact form. We are available to discuss your case and explain how we can assist you in this difficult time.