If you have sustained injuries in an accident in South Carolina, you may be wondering how the state’s negligence laws will impact your ability to recover damages. South Carolina follows a comparative negligence standard when it comes to personal injury claims. Having a clear understanding of how comparative negligence works is essential for anyone considering filing an injury claim. In this comprehensive guide, the experienced Greenwood car accident attorneys at McCravy, Newlon, Sturkie & Clardy break down South Carolina’s comparative negligence laws in simple terms.
What Is Comparative Negligence?
Comparative negligence is a legal standard used to assign fault and determine damages in an accident. Under comparative negligence, fault can be shared between the parties involved based on their respective contributions to the accident. This means that even if you are partially to blame for an accident, you may still be able to recover damages as long as your percentage of fault does not exceed a certain threshold.
Note that South Carolina uses the “modified comparative negligence” rule. Under this rule, an injured party can recover damages as long as they are 50% or less at fault for the accident. If their share of fault exceeds 50%, they will not recover any damages at all. Additionally, any damages awarded will be reduced by the percentage of fault attributed to the plaintiff.
How Does Comparative Negligence Differ from Contributory Negligence?
Some states follow a contributory negligence standard instead of comparative negligence. You cannot recover any damages if an injured party is found to be even 1% at fault for an accident. Only a small handful of states still use contributory negligence.
In the contributory negligence vs comparative negligence debate, comparative negligence allows injured parties to still recover damages when they are partially at fault, as long as their percentage of fault is 50% or less. Contributory negligence is a much harsher standard that prevents plaintiffs from recovering any compensation if they share any blame for the accident, even a very small percentage.
South Carolina wisely follows the fairer comparative negligence approach, which allows injured victims a chance to still obtain some compensation for their losses even if they made a small mistake that contributed to the accident in some way. However, establishing the proper allocation of fault is crucial under South Carolina’s comparative negligence law.
Determining Allocation of Fault
Since South Carolina uses a 50% bar for comparative negligence, establishing the percentage of fault attributed to each party is extremely important. If a plaintiff is found to be at fault 50% or less, the amount of damages they are awarded reduces by their percentage of fault. But if they are 51% or more at fault, they will not recover any damages.
Proving the allocation of fault requires carefully gathering and presenting evidence related to the cause of the accident. Relevant evidence may include:
- Police reports
- Witness statements
- Videos or photos from the accident scene
- Accident reconstruction analysis
- Testimony from expert witnesses
- Medical records documenting injuries
An experienced Greenwood car accident lawyer will know what evidence to gather to build the strongest case and prove the allocation of fault. Having strong representation is especially important in cases where South Carolina’s comparative negligence is a central issue.
Negotiating with Insurance Companies
Most personal injury cases begin with filing an insurance claim. When negotiating with insurance adjusters, it is important to understand that their goal is to limit the amount that the insurance company has to pay out on the claim. If there are any potential issues related to comparative fault, you can be certain the insurance company will raise them in an attempt to minimize or deny your claim.
Insurance adjusters may argue that you were fully or primarily responsible for the accident, even if this is not the case. They may also try to get you to make statements admitting fault. That is why you should never give a recorded statement to an insurance company without first consulting with an attorney.
A knowledgeable Greenwood car accident lawyer will communicate with the insurance companies on your behalf to ensure your rights are protected. Your attorney will present evidence showing the proper allocation of fault and advocate for a full and fair settlement. If a reasonable settlement cannot be reached, your lawyer may advise you to file a personal injury lawsuit.
Proceeding to Litigation
If your personal injury case cannot be resolved through an insurance settlement, the next step is to file a lawsuit against the at-fault party or parties. In the litigation process, proving the allocation of fault under South Carolina negligence law is critical.
The defendant will likely raise arguments claiming that you were more than 50% responsible for the accident, which would bar you from recovering damages under South Carolina law. Combating these comparative fault arguments requires presenting strong evidence and arguments proving the defendant’s negligence.
Damages in a Comparative Negligence Case
If you prevail in proving that the defendant was primarily responsible for your accident and injuries, you can recover damages when you were partially at fault. However, your total damages award will be reduced by the percentage of fault allocated to you.
As long as you are 50% or less at fault, you can still recover compensation for damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Disability or disfigurement
Maximizing your potential damages requires thoroughly documenting all of your losses and presenting strong arguments for why you should be fairly compensated.
You Need an Attorney for the Best Results
South Carolina’s comparative negligence laws are complicated, especially when dealing with insurance companies and defense attorneys who are determined to place undue blame on injured victims. Trying to handle your case alone puts you at a severe disadvantage.
The Greenwood car accident attorneys at McCravy, Newlon, Sturkie & Clardy have extensive experience handling complex cases involving comparative negligence issues. We know how to gather and present the evidence needed to prove the proper allocation of fault and recover maximum compensation for our clients.
If you have been injured in an accident in South Carolina, contact us today for a consultation. We will review your case, answer your questions, and advise you of your legal options. You can count on our compassionate, honest guidance and zealous representation every step of the way.