You should know about the legal rule called “comparative negligence” if you get into a car accident in South Carolina. Under this rule, each party’s negligence in a crash is compared and apportioned. Under state law, the defendant pays compensation only if they are responsible for the collision, or “at-fault.” However, the injured party’s compensation may be lower if they share some responsibility for the accident.
At McKinney, Tucker & Lemel, LLC, we know how insurance companies use South Carolina’s comparative negligence law to shift blame for a crash and pay as little as possible to resolve car accident claims. We will be dedicated to properly determining fault, protecting your rights, and working hard to maximize your compensation.
What Is Comparative Negligence?
Under South Carolina’s modified comparative negligence statute (S.C. Code § 15-38-15), you can recover compensation after a car accident if you are not more than 50 percent at fault for the crash compared to the other drivers involved. You may not be compensated for bodily injury, vehicle damage, or other harm you suffered if your contributory negligence exceeds that threshold.
The purpose of the law is to ensure that financial responsibility is evenly distributed among the parties when an auto accident occurs. If your fault determination exceeds the 51 percent threshold in South Carolina, you are deemed the party mainly responsible for the crash.
For example, suppose you are in a car accident that results in $100,000 in harm. In South Carolina, if the evidence shows you are 25 percent at fault, meaning you have shared fault for the accident, your recovery will be reduced by that percentage. So, the most you could recover in a verdict or settlement would be $75,000. On the other hand, if you were 75 percent at fault, you would recover nothing.
What Does Being At-Fault for a Car Accident Mean in South Carolina?
South Carolina follows a “fault” or “tort-based” system in car accident cases. To recover damages in a car accident lawsuit, a party must file a claim against the party whose actions (or failure to act) caused the auto accident to happen. That party is the one who is deemed to be “at-fault” for the crash.
Typically, you must file a claim that seeks compensation through the at-fault driver’s auto insurance liability coverage. However, in some circumstances, such as when the at-fault driver lacks insurance or enough insurance funds to cover your losses, you may file a claim with your car insurance company through your uninsured/underinsured (UM/UIM) policy.
What Four Factors Must You Prove to Determine Fault in a Car Accident?
To prove fault in a South Carolina car accident-based personal injury claim, you typically must show that the other driver was negligent. A negligence claim requires collecting evidence to prove four elements:
- Duty – The other party owed you a duty of care. Generally, drivers owe a duty to others on or near the road to follow the law and drive reasonably and safely.
- Breach – The party failed to fulfill the duty of care. For example, instead of driving reasonably and safely, the party ran through a red light, texted while driving, or got behind the wheel after they had consumed an excessive amount of alcohol.
- Causation – But for the party’s breach of the duty of care they owed you, such as driving at an excessive speed instead, or failing to follow the posted speed limit, the accident and your injuries would not have happened.
- Damages – Due to the party’s irresponsible actions (or failure to act), you have suffered actual harm such as medical expenses, lost wages, physical pain and suffering, and emotional distress.
Could Multiple Parties Be Considered At-Fault in a South Carolina Car Accident?
Yes, multiple parties can be considered at-fault in a car accident in South Carolina under the state’s modified comparative negligence rule. For example, suppose a crash occurs in which Driver No. 1 is 40 percent at fault, Driver No. 2 is 40 percent at fault, and you are 20 percent at fault. The total amount of damages is $100,000.
Because you are 20 percent at fault, the most you could recover would be $80,000. You could seek that full amount from either Driver No. 1 or No. 2, and they could be made to pay the full amount. Whichever driver pays the full amount can then seek reimbursement from the other driver based on their percentage of fault, or $40,000.
Who Determines Who Is At-Fault for the Auto Accident?
In settlement negotiations, the parties determine who is at fault by preserving, gathering, analyzing, and presenting physical evidence and other evidence supporting their fault allegations. The parties can agree on how to apportion blame. If those discussions do not result in a car accident settlement, it will be up to a judge or jury to decide fault.
How Long Do You Have to File a Car Accident Lawsuit in South Carolina?
If you suffer injuries in a car accident in Rock Hill or elsewhere in South Carolina, you must file a personal injury lawsuit within three years from the date of injury. (If you file a wrongful death claim after a car accident, you must file it within three years from the date of your loved one’s death.) Exceptions can increase or decrease the time to take legal action. You should consult with a knowledgeable and experienced car accident attorney as early as possible to preserve your rights and give the attorney adequate time to investigate your crash and research your claim.
Contact a South Carolina Car Accident Lawyer
For decades, our committed auto accident attorneys at McKinney, Tucker & Lemel, LLC, have fought to protect the rights of crash victims and their families in Rock Hill and throughout South Carolina when they pursue an auto insurance claim and/or personal injury lawsuit. As one former client states:
“They really understood where I was going and what I needed.”
— Becca Stillman
If you suffered injuries in a car accident, contact us today to receive an initial consultation, discuss how to determine fault, and review the specific facts of your case and your available legal options.
