Yes, it’s possible for you to collect compensation for damages in a Florence truck accident even though you were partially at fault for the wreck. South Carolina follows a modified comparative negligence system in personal injury cases. This system enables you to collect compensation from a driver whose negligence caused your accident and resultant damages but allows your award to be reduced according to your percentage of fault in the crash. You might be found partially liable if, for example, you were speeding or driving with one headlight out at the time of a wreck caused by someone else’s negligence. If you’re found 25% responsible, you may collect only 75% of the damages awarded by the court. If you’re found 30% responsible, you collect 70% of the award, and so on.
The Elements of Negligence
To prove that another party’s negligence caused your personal injury, you must show that:
- The defendant owed you a duty of care, which every motorist on the road owes to other motorists.
- The defendant breached the duty of care by driving recklessly, disobeying traffic laws, or operating an improperly maintained vehicle.
- The defendant’s breach of duty caused you to be harmed or injured.
- You suffered damage as a direct result of the defendant’s breach of the duty of care.
If you can prove all of the above, you’re entitled to compensation from the insurance company of the at-fault party for your damages: medical bills, property damage, lost income, pain and suffering.
The Modified Comparative Negligence 51% Rule
The rule for reduction of damages according to a percentage of fault is applied to plaintiffs who are considered to be up to 50% at fault for the accidents that caused their injuries. If, however, you’re found to be 51% or more responsible for your wreck, your percentage of liability is greater than the defendant’s, and you will not collect any damages at all. Of course, many truck accident cases are settled before they get to a courtroom where a judge or jury would determine your percentage of fault and award you damages accordingly, but the defendant’s insurance company will have investigators and attorneys working to prove you were partially liable and will use your estimated percentage of fault as leverage to offer you a low settlement. In such a case, it’s very important to have an experienced truck accident attorney working to prove your portion of fault is 50% or less.
Multiple Defendants in a Truck Accident
Unlike a car accident in which you’re likely to file a claim against only one negligent driver, a truck accident can be the fault of more than one defendant. If you’re injured in a wreck with a commercial truck, you might have claims against the driver, the trucking company or leasing agency that owns the truck, a repair service that maintains the truck, the truck’s manufacturer, a replacement parts manufacturer, or even cargo loading personnel.
If any of these parties can be proven negligent in their duties related to the truck and its operation, they may bear partial responsibility for your damages. Establishing their respective percentages of fault, filing claims against their different insurance companies, demanding a fair settlement from each of them, negotiating for fair compensation, and filing lawsuits against multiple defendants, if necessary, are jobs best handled by an experienced truck accident lawyer while you focus on recovering from your injuries, which could be serious if you were driving a smaller vehicle that was hit by a large commercial truck.
