What If I am Partially At Fault for The Accident?
Under South Carolina law, even though you were partially at fault for an accident, you can still receive financial compensation for the damages you incurred. However, you must be responsible for less than 50 percent of the incident, or your compensation will decrease accordingly. Additionally, you will not be entitled to compensation if your share of fault is 51 percent or more.
Accident victims can use the modified comparative negligence rule to their advantage. However, this also prompts insurance firms to examine the case details extensively, which could lead to them assigning blame unfairly. With this in mind, it is advised to have a SC personal injury attorney who can assist in proving that the other party is to blame.
How Does The Comparative Negligence Rule Work in South Carolina?
In most personal injury claims, the plaintiff is required to prove the following:
- The negligence of the other party.
- Their negligence caused your accident. Negligence is the failure to exercise the level of care that a reasonable person would have used to protect others from harm. If the other party is negligent, they are also to blame for the accident and responsible for the damages you suffered.
The defendant might assert that you are responsible or partially to blame for the accident and the damages you sustained. They may invoke the comparative negligence rule, arguing that any degree of fault assigned to you will reduce or eliminate the compensation you can receive.
As an example, let’s say a driver crashed into your vehicle because they were speeding and ran a red light, and you sustained a spinal cord injury in the crash. You filed a claim against the speeding driver, but it was also found you were on your cellphone during the collision. The jury concluded your share of fault is 12 percent, the other driver’s fault is 88 percent, and your compensation amount is $800,000.
In this case, you are only entitled to get 88% of $800,000 because your share of fault is 12%. Therefore, instead of receiving the full $800,000 in damages, you would receive only $704,000 from the at-fault party. However, you will receive nothing if the jury concludes you are 51 percent or more at fault for the accident.
With help from a SC personal injury attorney, most personal injury cases are resolved without having to be brought to trial and by using strategic discussions. In settlement negotiations, however, the rule of comparative negligence may be raised by the insurance firm when assessing your claim. It’s important to be aware of this.
As mentioned earlier, this rule can have a significant effect on the compensation you may receive from the other party. This is another reason why talking to an attorney prior to speaking with the other party’s insurance provider is crucial. Your SC personal injury attorney can carefully investigate the details of your case, verify who’s responsible for the accident, prove liability for your losses, and help guarantee that you get full compensation for your damages.
Talk to Skilled South Carolina Personal Injury Attorney Now
For more information on how shared fault rules may impact your claim, reach out to the SC personal injury attorney at John Price Law Firm. Contact us online or call 843-552-6011 to arrange your consultation with our South Carolina personal injury attorney.