Can I still get compensation for my injuries if I was partially responsible for a Charleston, South Carolina accident?

Types of Comparative Negligence

The doctrine of comparative negligence (or comparative fault) allocates compensation based on each party’s percentage of fault in a crash. Partially negligent crash victims whose claims are successful will have their compensation for damages reduced by their respective percentages of fault.

One of three variations of comparative negligence is used in most U.S. states today:

Pure comparative negligence.

You may collect a percentage of the award granted by the court, regardless of how big or small your percentage of fault is. Even if you’re 99% at fault, you can still collect 1% of the damages awarded.

Modified comparative negligence (51% bar).

The fault of the plaintiff or claimant must not be greater than that of the defendant. If the drivers’ fault is equal at 50% each, the plaintiff may collect 50% of the damages awarded by the court. A plaintiff who is found to be 51% at fault, however, may not collect anything at all. This is the rule followed in South Carolina.

Modified comparative negligence (50% bar).

If you are equally at fault with the defendant, then you collect nothing. You must be found less than 50% at fault in order to collect a percentage of damages. If you are 49% responsible, you will collect 51% of the damages awarded; if you are 50% responsible, you will collect nothing.

Special Rules for South Carolina Crashes Involving More Than Two Vehicles

In multi-car accidents, injured claimants may still collect compensation for damages according to their percentages of fault. If, however, one driver’s fault is greater than the combined fault of all the others, that driver may not collect any compensation. In a four-car crash, for example, if one injured driver is found to be 55% responsible, and the other three are each 15% at fault, the first driver may not collect any damages because 55% is greater than 45%.

Calculating Percentage of Fault

If you’re thinking there must be a clear and consistent method that is universally used to assign fault fairly in an accident, you’re mistaken. Like quantifying pain, emotion, or anything else that is essentially non-numerical, quantifying fault is a judgment call. In cases of mutual negligence, there is no standard formula that translates the details of your accident into percentages of fault for the drivers/vehicles involved.

Two different judges or two juries trying the same case might find differing percentages of fault. This is just one reason why you need an experienced car crash lawyer to present your evidence convincingly if your case should go to trial. The insurance company’s lawyers are trained to:

Understand comparative negligence
Estimate your possible percentage of fault in an accident
Use their knowledge to reduce your settlement offer if possible

You need an attorney who can show that you were less than 51% at fault in your accident by:

Obtaining police/accident reports
Presenting photo/video evidence
Interviewing witnesses to the crash
Calling expert witnesses
Reconstructing your accident
Obtaining phone records and/or “black box” data

An attorney can maximize your compensation for both economic and non-economic damages:

Medical bills
Property damage
Lost wages
Pain and suffering
Psychological trauma

Related Links:

We are Proud To Serve Personal Injury Clients Throughout South Carolina

With seven office locations in Myrtle Beach, North Myrtle Beach, Conway, Mt. Pleasant, North Charleston, Murrells Inlet and Charleston and over 30 years of experience with personal injury cases. Derrick Law Firm Injury Lawyers has the knowledge, skill and experience to protect you and your family.

Talk To An Attorney Right Now

Can I still get compensation for my injuries if I was partially responsible for a Charleston, South Carolina accident?

Types of Comparative Negligence

Pure comparative negligence.

Modified comparative negligence (51% bar).

Modified comparative negligence (50% bar).

Special Rules for South Carolina Crashes Involving More Than Two Vehicles

Calculating Percentage of Fault

Have You Been Injured in a Charleston, South Carolina, Car Accident?

We are Proud To Serve Personal Injury Clients Throughout South Carolina