If you were partly at fault for a car accident in South Carolina, you may worry that your share of responsibility will prevent you from recovering compensation for your injuries and losses, including costs of your medical treatment, lost wages, pain and suffering, and other harm. The good news is that your partial fault, depending on the extent of your fault, may not entirely bar you from recovering compensation. However, it could affect the amount you recover.
An experienced Rock Hill car accident lawyer at McKinney, Tucker & Lemel, LLC, can explain to you how South Carolina personal injury law determines how much compensation, if any, you can recover if you share responsibility for a car accident. We can also help you to understand and explore all your rights and options in a personal injury claim involving shared fault.
South Carolina’s Modified Comparative Fault Rule
Whether you can recover compensation after a car accident, and the amount of your recovery, depend on your exact share of fault. South Carolina follows a modified comparative negligence system (or “modified comparative fault” system).
Fault allocation is not the only factor that plays a role in the amount of compensation you can recover after an auto accident. As in most personal injury claims, factors such as the amount of available insurance coverage of the at-fault parties involved also determines the compensation available in a case.
- If you are 50 percent or less at fault, you may recover compensation, but the judge or jury will reduce your recovery by your percentage of fault.
- If you are 51 percent or more at fault, you are generally barred from recovering compensation.
Rules like South Carolina’s allow injured people to seek financial recovery even when they share some responsibility for an accident. Other states use different systems. Some allow recovery even when a person bears most of the fault, while a few states bar recovery if the injured person bears even 1 percent of the fault.
How Shared Fault Can Affect Your Compensation
Your fault percentage matters when determining whether you can bring a claim and the amount of compensation you recover. Again, if you are 50 percent or less at fault, you may still seek compensation. However, your share of fault will reduce the amount you can recover.
For example, suppose you suffer $50,000 in losses after a South Carolina car accident, and the judge or jury finds you 30 percent responsible. You may recover compensation, but not the full $50,000. The judge or jury will reduce your recovery by 30 percent, leaving you with $35,000. That reduction reflects the role your actions or inactions played in the crash.
What Evidence Can Influence Fault Assignments?
Determining each driver’s share of fault after a crash requires a careful review of evidence, including:
- The official police report, which records basic facts and the responding officer’s initial assessment of what happened. The report is not the final word on fault, but it can shape early impressions that may be difficult to overcome without a thorough investigation.
- Photos and videos of the accident scene, along with statements from eyewitnesses.
- Physical evidence, such as vehicle damage, skid marks, debris, and other evidence from the scene. In some cases, accident reconstruction can provide a clearer picture of what happened.
- Medical records and doctors’ notes, which help link the injuries to the crash and show the harm they’ve caused.
Common Situations Where Fault Is Disputed
In some car accidents, the cause is clear from the start. In others, the drivers and insurance companies may disagree about what caused the crash. That dispute can make determining fault more challenging and require further investigation.
Crashes that often lead to fault disputes include:
- Rear-end collisions resulting from sudden stops or unsafe lane changes
- Intersection crashes involving yellow lights, left turns, or distracted driving
- Accidents resulting from lane changes or merges
- Collisions in which weather may have combined with following too closely or speeding
Why Do Insurance Companies Focus on Fault?
If a car accident case goes to trial in South Carolina, a judge or jury will have the final say. Insurance companies focus closely on fault because it affects how much compensation they may have to pay. Because insurers are for-profit companies, every payout affects their bottom line.
To protect their own financial interests, insurers may use common tactics to reduce their costs. For example, adjusters may ask for recorded statements and then try to use an injured person’s words against them. Insurers may also shift blame, minimize injuries, or offer a quick settlement before the injured person understands the full extent of their losses. For these reasons, you should be cautious about accepting a settlement before speaking with a lawyer.
How Our Law Firm Can Help Protect Your Claim
If you are worried that shared fault could affect your financial recovery, you should know that skilled legal representation can make a meaningful difference. At McKinney, Tucker & Lemel LLC, we have helped injured people in York and Lancaster counties since 1977.
Our personal injury attorneys and support staff provide detail-oriented, cost-effective legal support, frequent communication, and compassion at every step in our clients’ cases. As one client wrote about their experience with us:
“Jim Tucker and his staff were super informative and very expeditious with my case and pleasant to work with. They made a hard situation easier with understanding and attention.”
If you suffered severe injuries in an accident and believe you may have been partially responsible, do not panic. You may not know all the facts yet, and neither may the other drivers or officers who investigated the crash.
Stick to what you know when talking to the police at the scene, gather as much evidence as you can, and then consult our experienced car accident attorneys to review your options.
Contact a South Carolina Car Accident Lawyer
Were you partly at fault in a South Carolina car crash that left you with serious injuries? Do you face mounting medical bills and worry about whether you will be able to recover full and fair compensation? Let an experienced attorney at McKinney, Tucker & Lemel, LLC, review the facts of your case, protect your rights, and provide the experienced legal guidance you will need throughout the claims process. Contact our office today to discuss your situation.
