Understanding South Carolina’s Modified Negligence Rule
Charleston has a well-deserved reputation for heavy traffic, and the city also experiences its share of dangerous traffic accidents. If another driver’s negligence has injured you but you bear some of the responsibility for the accident, you won’t necessarily be barred from filing a claim with the other driver’s insurance provider. South Carolina’s modified comparative negligence rule allows you to file as long as you are no more than 50 percent responsible for the accident in question.
Accidents like these can create even more complex legal issues, but our experienced Charleston car accident attorneys at John Price Law Firm can help.
South Carolina Employs a 50 Percent Threshold
South Carolina, like many other states, uses a 50 percent threshold for fault, also known as modified comparative negligence. This means that if you bear more fault than the other driver does, you have no standing to file a claim against them.
Establishing each driver’s percentage of fault is complicated. And you can count on the involved insurance provider to fight for every point that’s assigned to you. If they can nudge the number to 51 percent, you’ll be ineligible for compensation, and the higher the percentage up to this threshold, the less compensation they’ll need to cover. In other words, working closely with a reputable car accident lawyer from the start is a smart move.
Calculating Compensation in a Charleston Car Accident Claim
A clear example can help you better understand how modified comparative negligence works in Charleston car accident claims. Let’s say that you were injured by a drunk driver who ran a red light, which highlights their clear fault in the matter. However, if you were speeding at the time, for example, you may be assigned some fault.
If you are determined to bear 10 percent of the fault, your settlement amount will be reduced by 10 percent. If your physical, financial, and emotional damages are calculated at $100,000, this amount will be reduced by 10 percent, which will leave you with $90,000 in compensation, or $100,000 minus $10,000. If you are determined to be 20 percent responsible, your compensation will be reduced by $20,000, which leaves you with $80,000.
Your Case Will Hinge on Evidence
Proving percentages of fault requires a significant amount of evidence, which is likely to include some combination of the following:
- Physical evidence, like skid marks
- The testimony of eyewitnesses
- Photos and videos captured by surveillance cameras and bystanders
- The police report
- Accident reconstruction models
- Expert witness testimony
Discuss Your Claim with our Experienced Charleston Car Accident Lawyers Today
Our savvy Charleston car accident attorneys at John Price Law Firm have a wealth of experience successfully achieving advantageous case outcomes that reflect our clients’ rights, and we’re here for you, too. Learn more by contacting us online or calling 843-552-6011 today.