What is South Carolina’s Modified Comparative Negligence Law?
If you suffer injuries in a car collision due to another person’s negligence, the law allows you to seek compensation for your damages from the at-fault party. However, the process can be nuanced because the legal concept of comparative negligence comes into play when determining fault.
South Carolina personal injury lawyers say the rule can substantially affect the compensation you receive after an accident. It can be tricky to navigate the intricacies of comparative fault, so working closely with knowledgeable legal professionals who can fight to protect your right to a fair settlement is essential.
How Does Comparative Negligence Law Work in Car Accident Cases?
Determining fault and legal liability in personal injury cases can be complex, and when filing a claim for damages, you should carefully consider the impact of comparative negligence. South Carolina is a modified comparative negligence state, which implies that you can still recover compensation even if you were partially at fault for an accident.
However, Greenville car accident attorneys explain that your percentage of fault must not exceed that of the other party. You can’t recover compensation if the jury determines fault and finds you 51% responsible for the accident. If you are 50% or less at fault, the compensation amount you can receive will be reduced by your percentage of fault.
The situation can become more complex if the accident was due to the negligence of more than two parties, and the lawsuit involves multiple defendants. In such a case, your percentage of fault cannot be more than the combined negligence of the other defendants. Seek aggressive legal representation to fight for your rights.
How Does the Rule Affect My Compensation?
Once the jury determines your case and awards you a certain amount in compensation, the settlement will be subject to a reduction in proportion to your negligence. For example, if the jury awards you $200,000 in a car accident case but finds you to be 30% at fault, your settlement amount will be reduced by that percentage, leaving you with $140,000.
You won’t be entitled to compensation if the jury finds you 51% or more liable. The respective insurance companies and defense attorneys are likely to argue that your negligence was a major contributor to the accident and resulting damages. Insurance companies often employ this blame-shifting strategy to minimize liability and maximize profits.
Given the complexity involved, hiring skilled personal injury lawyers in South Carolina to handle the negotiations on your behalf would be best. Assigning fault is a sensitive matter best left to trained legal experts who can gather all the necessary evidence and fight aggressively on your behalf.
How Is Fault Determined Under the Comparative Negligence Rule?
Evidence is crucial in helping insurance companies, Greenville car accident lawyers, and courts determine fault percentages. They often review the following types of evidence:
- Police reports: Official documentation from law enforcers at the accident scene can provide initial findings and observations of the events at the scene
- Eyewitness testimony: People who witnessed the accident can give accounts of how it happened and who was to blame
- Medical records and bills: Medical professionals can give a report of the type and severity of the injuries sustained, linking them to the accident
- Traffic camera and surveillance footage: Video evidence can clarify how, where, and when the accident happened
- Opinions from professionals, such as accident reconstruction experts: The input of accident reconstruction experts is crucial as it gives a better perspective into factors such as vehicle speeds, driver behavior, and braking distances.
Evidence is crucial in helping the involved parties assess the degree of responsibility of the parties involved in the accident. It’s always advisable to collect and preserve evidence from the accident scene to have an edge when proving your case. Consult extensively with skilled legal experts immediately after the accident to gain a solid footing as you begin the legal process.
Establishing Negligence
As your car accident attorneys in Greenville review the available evidence and build a strong case to prove why you deserve compensation from the at-fault party, they must prove the following crucial elements of negligence:
- Duty of care: It’s essential to show that the defendant had a duty of care to uphold on the road, such as driving safely or observing traffic laws.
- Breach of duty: Your lawyers must demonstrate that the at-fault party didn’t uphold their duty of care by acting negligently through acts of commission or omission, such as driving while distracted, running a red light, or speeding.
- Causation: There must be a direct link between the at-fault party’s negligent acts and the accident that caused your injuries. This entails proving that the accident was the proximate cause of your injuries.
- Damages: Your attorneys must also prove that you sustained injuries from the accident. Medical bills, property damages, lost wages, and pain and suffering are factors that can help demonstrate this element.
An Experienced Personal Injury Lawyer Explains Comparative Negligence Laws
South Carolina applies the rule of modified comparative negligence. While you can pursue compensation for an accident in which you were at fault, your settlement will be decreased according to your percentage of fault. However, you won’t be entitled to any amount if you were more than 50% responsible for the crash. Navigating these nuances is complex, so work closely with skilled legal experts.
The Hammack Law Firm has dedicated South Carolina car accident lawyers who help victims recover compensation for their damages. We can represent you in your claim, even if you were partially to blame for the crash. Trust us to gather solid evidence, build a strong claim, and fight aggressively for your rights. Call us at 864-766-7108 to schedule a FREE consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
