What If I Was Partially at Fault for the Accident?

State laws differ on compensation for accidents when you are partially at fault. Some bars recovery if you are even 1% responsible. Others, such as South Carolina, allow reduced compensation, so partially at-fault individuals may still recover damages (called comparative negligence).

Navigating different states’ negligence laws can be confusing. If you or a loved one was in a South Carolina crash, our Gaffney car accident attorneys are here to help.

South Carolina Practices Modified Comparative Negligence

Unfortunately, driving around Gaffney is fraught with many hazards, from traffic congestion to construction projects. Given the many moving parts in a car accident, insurance companies will often find more than one party negligent.

Under South Carolina law, you are allowed to recover damages as long as you are 50% or less to blame. This is known as modified comparative negligence. Under modified comparative negligence, your compensation will be reduced based on your degree of fault (as long as it doesn’t exceed 50%). This differs from states that practice comparative negligence, which allows a plaintiff to recover damages regardless of their share of fault (even if the plaintiff is more liable than the defendant).

A Car Accident Example

Driving home from work one night, you are rear-ended by a teenage driver. You are transported by ambulance to the ER. Upon physical examination, you notice tenderness in your shoulders, reduced range of neck motion, and tingling in the back and arms. Medical imaging rules out anything serious, and the ER doctor diagnoses you with whiplash.

Although no surgical intervention is needed, the pain is debilitating. Recommended treatment includes pain relievers, heat/ice therapy, and physical therapy. The severity of your injury leaves you unable to work for eight weeks.

You file a $10,000 bodily injury claim, covering several months of physical therapy, prescriptions, and lost wages. During the insurance investigation, it was determined that one of your brake lights was out, which contributed to the accident. You are found to be 30% at fault. Under South Carolina’s modified comparative negligence law, your compensation is reduced by your percentage of fault: you receive 70% of your claim, which amounts to $7,000. This reduced amount may not be enough to cover medical bills and lost income.

Guidance During Settlement Negotiations

Whether you are attempting to settle with insurance or take your chances in court, the law of comparative negligence will apply. When you work with our knowledgeable car accident lawyers, you will have someone gathering evidence to build your case. Our team of professionals knows the various legal deadlines and procedures.

Most car accident claims are settled out of court, allowing both parties to avoid the expense and stress of trial. The insurance company knows this and may use various delay tactics to run out the statute of limitations, which is three years for personal injury cases in South Carolina.

Speak with Our Gaffney Car Accident Attorneys

If you or a loved one has been injured in a car accident, do not wait to get the support you deserve. Legal recovery is critical for your financial stability and your ability to heal. Contact the committed Gaffney car accident attorneys at Parker & Bain, LLC for your confidential consultation. Take the first step: reach out online or call (864) 252-2650 today.