How is Fault Determined in a Multi-Car Accident in South Carolina?
Generally, to recover compensation for any car accident, you must prove that the other driver was at fault for the collision. Evidence that supports your claim is key to establishing fault. Critical evidence that substantiates a car accident claim typically involves police reports, surveillance footage, and vehicle damage reports. Expert witnesses are also instrumental in determining fault by professionally analyzing the accident scene, including the debris field and skid marks, along with vehicle data from all the cars involved.
Determining fault in multi-car accidents poses a challenging task due to the legal complexities involved, such as conflicting statements from victims and eyewitnesses. If the case involves a wrongful death, determining fault can be even more confusing.
The most reliable approach is to work with a wrongful death attorney who can help determine who should be held accountable for your loved one’s death.
What is Modified Comparative Negligence and How Does it Affect Compensation in Car Accident Cases?
South Carolina follows a modified comparative negligence doctrine when determining liability in multi-car accidents. Under state law, if all the drivers involved in the accident share blame for the collision, they will each be assigned a percentage of fault based on their share of liability for the accident.
If a driver is found to be less than 51% at fault for the accident, they can seek compensation for damages. Any compensation they receive will be reduced by the percentage of fault assigned to them. Motorists found to be 51% or greater for causing an accident are prohibited from pursuing compensation for damages.
To make sure that your family receives full and fair compensation for your loss, you must seek qualified legal representation who will assist you in navigating complex legal issues.
What if the Deceased Victim was also Partly At Fault for the Accident?
South Carolina law dictates that if it is determined that a deceased accident victim is found to be partially at fault, their compensation will be reduced per the state’s modified comparative negligence guidelines.
For example, suppose a family decides to pursue a wrongful death lawsuit and is awarded $100,000, but their loved one was found to be 25% at fault for the crash. In that case, the family’s compensation would be reduced by 25% and they would receive a final payout of $75,000.
Just as with any other car accident claim, if the deceased victim is found to have been 51% or greater for causing the accident, their family cannot pursue a wrongful death claim.
Can More Than One Driver Be Held Liable for the Same Death After a Multi-Vehicle Car Accident?
South Carolina law dictates that multiple parties can be held liable for a wrongful death. Any motor vehicle accident involving death is thoroughly investigated by authorities to determine who should be held accountable. The state follows the doctrine of “joint and several liability,” meaning that if multiple parties are found to be at fault for an accident, each of them can be liable for the entire amount of damages awarded to the victim’s family.
If a defendant is determined to be 50% or greater at fault, they can be held responsible for the entire amount of damages. However, if they are less than 50% at fault, they are only responsible for their corresponding share of damages.
Investigators will examine all factors involved in the accident to determine if other drivers’ negligent actions contributed to the victim’s death and how they may have contributed to the accident. Even if they did not cause the initial accident, other drivers may have been speeding or following too closely, leading to a chain reaction or multi-car pile-up.
Why Do Insurance Companies Try to Blame Deceased Victims for Causing Car Accidents?
If you have tragically lost a family member due to driver negligence, you may be entitled to try and recover compensation by filing a wrongful death lawsuit. The South Carolina Legislature has ruled that families of wrongful death victims may be able to recover compensation for medical expenses the deceased incurred due to the accident, along with reasonable funeral and burial costs, lost wages, and pain and suffering.
Because wrongful death settlements often result in substantial compensation, insurance providers often look for legal loopholes they can use to try to deny or reduce settlements. One of an insurer’s most common tactics is to try to use the state’s modified comparative negligence laws to their advantage and blame the deceased victims so they can protect their profitability.
Due to the legal challenges that result from filing wrongful death claims, the most effective solution is to have skilled legal representation to ensure that you are treated fairly by the insurance company.
Why Should I Trust Your Wrongful Death Lawyers to Help Me Seek Justice for My Loved One?
Losing your loved one in a car accident can be one of the most challenging situations that a family may have to endure. If your family member died as a result of a multi-vehicle car crash you may face a tough challenge in trying to recover compensation for your loss.
Contrary to what is portrayed in advertising, insurance companies are generally more focused on profits rather than the well-being of families who have lost loved ones in car accidents. Our law firm is committed to leveling the playing field and pursuing excellence for our clients. Our hardworking attorneys and legal staff are dedicated to winning your case.
At the Hammack Law Firm, we put the personal back in personal injury. Contact our Greenville, SC law offices today at 864-766-7108 to schedule a free consultation so we can determine your legal options.
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.
