What Happens If I Was Partially at Fault in My South Carolina Car Accident?

It is not uncommon for a victim who was seriously injured in a car accident to at some point in the aftermath begin to question how much his or her own actions contributed to a crash occurring. Many people internally replay these events in their minds and wonder how doing something different could have lessened the severity of their injuries or possibly avoided the accident even occurring.

While this line of thinking is perfectly normal, people who are beginning to wonder how their own actions might have contributed to an accident occurring should not be speaking to an insurance company representing any of the other drivers involved. Rest assured, any admission a person makes about something he or she could have or wishes he or she would have done differently will be used against him or her later on.

Car accidents all over South Carolina can be the result of negligence by multiple parties. Fortunately, state law in South Carolina recognizes that one party in such cases usually bears the brunt of the blame and allows for damages to be apportioned according to the degree of fault allocated to each party.

South Carolina Laws on Comparative Negligence

Under South Carolina Code § 15-1-300, a plaintiff’s contributory negligence in any motor vehicle action does not bar recovery of damages so long as his or her share of negligence was not more than the defendant’s (or the combined negligence of all other parties in cases involving multiple defendants). This is commonly known as the “51 percent” rule (commonly referred to as a “modified comparative negligence” system), and a person who was 51 percent or more at fault for his or her injuries is unable to recover any damages.

In all other cases, a plaintiff’s jury award can be reduced by the amount of fault assigned to him or her. For example, if a plaintiff is awarded $100,000 in a case in which the plaintiff was struck by an individual who ran a red light, the plaintiff’s award could be reduced if the nature of his injuries was worsened by not wearing a seatbelt.

In such a case, the jury could decide that a plaintiff is 25 percent at fault for his or her injuries. The defendant would, thus, still be obligated to pay the plaintiff $75,000.

Avoid Admitting Fault After a Car Crash in South Carolina

The first thing you should do after any kind of car accident in South Carolina is seek medical attention—even if you do not think that you were hurt. The next thing you should do is seek legal representation.

An experienced personal injury attorney will be able to immediately begin conducting an investigation into your accident. Additionally, a lawyer can handle all phone calls from insurers for other parties on your behalf so you can avoid making any damaging recorded statements.

Agents for insurance companies often contact victims very quickly after these accidents and will sometimes make what can sound like sincere and occasionally generous offers to settle cases—to avoid “bringing lawyers into this.” Keep in mind that these settlements rarely account for the full lifetime of care that can be required, and agreeing to such settlements requires signing paperwork that leaves victims without any legal recourse once the awards have been exhausted.

Find a Car Accident Attorney in South Carolina

Did you suffer serious injuries or was your loved one killed in a car accident in South Carolina? You will want to contact The Nye Law Group as soon as possible.

Our firm provides a free, no-obligation consultation so our experienced personal injury attorneys can review your case and help you understand all of your legal options.