Car accidents can lead to confusing and stressful situations, especially when there’s shared fault involved. In South Carolina, car accident settlements follow the principle of comparative negligence, which means compensation can be reduced if you’re found partially responsible for the crash. Understanding how comparative negligence affects car accident settlements can help you better navigate the claims process and protect your right to fair compensation.
What Is Comparative Negligence in South Carolina?
Comparative negligence is a legal concept that limits the amount of compensation an at-fault party must pay to someone they’ve injured if the injured party contributed to causing the accident. South Carolina uses a modified comparative negligence system. Under this system, you can recover compensation if you are less than 51% at fault for the accident. However, your compensation is reduced based on your percentage of fault.
For example, if you were found 30% responsible for a car accident and your total losses amounted to $100,000, you would only be entitled to receive 70%, or $70,000.
Knowing how this rule works can help you push back if the other driver or their insurance company tries to pin more blame on you to pay you less.
How Comparative Negligence Affects Compensation
When it comes to car accident compensation and fault, your potential settlement depends on the level of negligence assigned to each party. Here’s how comparative negligence influences compensation:
Determining Fault in a Car Accident:
Insurance adjusters look at police reports, witness statements, photos, and accident reconstruction reports to determine how much blame each party carries.
Settlement Reductions Due to Shared Fault:
The more blame you take for the accident, the less money you can recover, and if you’re found mostly at fault, you might not be able to collect anything at all.
Insurance Claims for Shared Fault Accidents:
Insurance companies use comparative negligence laws to challenge claims and cut payouts.
Adjusters might pin more blame on you, so having solid evidence can help back up your claim.
Knowing how comparative negligence works can help you build a stronger claim and fight for the compensation you deserve after a car accident.
Proving Negligence in a Car Accident
You must prove the other driver was negligent in recovering damages after a car accident. That means showing these key elements:
- Duty of Care: Every driver is legally responsible for driving safely and following traffic laws to avoid putting others at risk.
- Breach of Duty: If drivers don’t follow that responsibility—like speeding, texting, or running a red light—they’ve failed to uphold their duty.
- Causation: That mistake has to be what actually caused the accident and your injuries. In other words, the crash wouldn’t have happened if they hadn’t broken the rules.
- Damages: You must show that the accident cost you something, like medical bills, lost wages, or pain and suffering.
Basically, to prove negligence, you need to connect the dots: the other driver had a duty to be safe, they didn’t follow it, their actions caused the crash, and you ended up paying the price.
How Fault Is Determined in South Carolina
Figuring out who’s at fault in a car accident comes down to having strong evidence that shows what happened and who’s responsible. Here are some standard tools used to get to the bottom of it:
- Police Reports: Provide an official account of the accident, including statements from drivers and witnesses.
- Eyewitness Testimonies: Offer perspectives on how the accident occurred.
- Traffic Camera Footage: Can provide clear evidence of who violated traffic laws.
- Expert Witnesses: Accident reconstruction specialists may help clarify complex details.
The more precise and convincing your evidence is, the better your chances of protecting your rights and pursuing fair compensation.
Modified vs. Pure Comparative Negligence Explained
South Carolina applies the modified comparative negligence rule with a 51% bar. If you are 50% or less at fault, you may still receive compensation reduced by your percentage of fault. You will not recover damages if you are found 51% or more at fault.
In contrast, states with pure comparative negligence allow accident victims to recover compensation even if they are primarily responsible for the accident. For instance, a driver found 80% at fault could still recover 20% of their damages in a pure comparative negligence state.
Strategies to Protect Your Claim in a Shared-Fault Accident
Because shared fault can significantly impact your settlement, taking the right steps after an accident is essential:
- Gather Evidence Immediately: Take photos, gather witness information, and request a copy of the police report.
- Avoid Admitting Fault: Even a simple apology can be misconstrued as an admission of liability.
- Consult a Lawyer Early: An experienced car accident lawyer can help collect evidence and negotiate with insurance companies.
Protecting your claim starts with knowing your rights, pushing back against unfair blame, and making sure the evidence tells the right story.
How Insurance Companies Use Comparative Negligence
Insurance companies often scrutinize accident details to minimize their payout. Adjusters may argue that you share more blame than you do or request statements that can be used against you. That’s why it’s critical to consult with a personal injury attorney who can counter these tactics and work to present a strong case on your behalf.
Why Legal Representation Matters in Comparative Negligence Cases
Proving the other driver was more at fault requires strong evidence and clear arguments. An experienced attorney can:
- Investigate the crash and gather critical evidence.
- Work with experts to reconstruct the accident if needed.
- Negotiate with insurance companies to seek fair compensation.
Car accidents involving shared fault can be challenging, especially when insurance companies push back. Working with a skilled legal team can make a significant difference in the outcome of your claim.
Contact Murphy Crantford Meehan for Help With Your Car Accident Claim
Knowing you still have options is important if you’ve been in a car accident in South Carolina and think shared fault might affect your settlement. The lawyers at Murphy Crantford Meehan have experience with comparative negligence laws and can help you gather the right evidence to build a strong case. Don’t let an insurance company unfairly minimize what you’ve been through—call (843) 832-1120 today or visit us online to schedule a consultation. We’re ready to help you fight for fair compensation and move forward with clarity and confidence.
