Car accidents are not always black and white. In many collisions, both motorists are partially at fault, so the insurance companies must determine how to divide the blame.
There are legal consequences to shared fault as well. Contact McCravy, Newlon, Sturkie & Clardy to discuss a partially at-fault car accident. A Spartanburg car accident lawyer can go over the evidence and determine whether you can submit an injury claim or file a lawsuit.
South Carolina Law on Shared Fault Accident
Each state has its laws on how to allocate fault between parties and the consequences. In North Carolina, for example, they still use the old contributory fault rule. If a victim is even a little bit to blame for their accident, they cannot receive compensation. That is a severe result.
South Carolina used to follow that rule, but has since modified it. Now, the state follows the “51% bar.”
If you are partially at fault in a car accident, then you need to understand the impact of the new rule:
If your share of fault is more than 50%, then you will not receive compensation. It doesn’t matter how severe your injuries are. If you are mostly at fault, you receive nothing from the defendant.
By contrast, if your share is 50% or less, you can receive compensation, but the amount is lowered by your share of fault.
That means someone who is 40% at fault will get 40% less than if they had been blameless.
A jury will allocate fault if your case goes to trial. Otherwise, the insurance adjusters and your lawyer will negotiate the percentage of fault when handling a settlement.
Examples of Comparative Negligence
Our clients are negligent in the same ways as other motorists:
- Driving too fast for conditions
- Texting and driving
- Zoning out
- Passing illegally
- Tailgating
- Cutting someone off
- Failing to yield
- Refusing to use mirrors
For example, suppose you are trying to make a left-hand turn at an intersection. You are also fiddling with your dials and not paying close attention to traffic as it passes through.
Quickly, you decide to make a turn, but a speeding car is racing toward you. You collide and both drivers suffer injuries. In this case, both drivers are negligent: you have failed to pay close enough attention, and the other driver was speeding. The key issue will be how to divide the fault between the two drivers.
How Much Can You Receive for a Partial Fault Car Accident?
The amount of compensation in a partial fault car crash still depends heavily on your economic and non-economic damages. For example, we want to add up the economic losses related to:
- Job loss
- Medical care
- Future loss of earnings
- Ongoing medical care
- Property damage (such as damage to your car)
We also need to calculate a fair amount of compensation for pain and suffering, mental anguish, and other non-economic damages.
Then we apply your percentage of fault. If your case is worth $100,000 but you were 45% at fault, then the most you can receive is $55,000. The missing $45,000 is the result of your comparative negligence.
If you were 10% at fault, then you would receive 10% less. Your $100,000 case might be worth only $90,000.
If you are 51% at fault, then you receive zero. Remember, that is the steep result of a partial fault car accident. When you have the majority blame, you cannot hold the defendant accountable. That is a bitter pill to swallow. Helpfully, your choice of lawyer can make a big difference in a shared fault accident.
Minimizing Your Share of Blame
An experienced lawyer will know how to reduce your share of fault. At our firm, we first try to understand everything about the crash. We will talk to witnesses, visit the scene, and possibly inspect the vehicles. We read the police report from cover to cover to understand how the responding police officer interpreted the crash.
We can then amplify the defendant’s share of fault for the accident. We can shine a light on every error they made behind the wheel, whether going too fast or looking at a phone while the vehicle is in motion.
We might also resist the other side’s attempt to get your cell phone records (to check if you were on the phone). Our goal is to ensure you are not blamed for the collision, which should increase the amount of compensation you receive.
You can help your case by not admitting you were at fault for the crash. Do not apologize at the accident scene, and don’t post about the wreck on social media. Some people say something on Instagram, which is then used to prove they were at fault.
Also, hire a lawyer before giving any statement to the insurance company. Some adjusters try to trip up an accident victim.
Using a Deposition to Uncover Fault
Depositions are a common part of the discovery phase in car accident cases. They involve a witness answering questions under oath, usually in a conference room. A court reporter types up the questions and answers, or the deposition is videotaped.
Often, one person admits to being negligent in the deposition. For example, the other driver might admit they were looking at the dashboard or in the backseat at their child right before they ran a red light and rear-ended your vehicle.
You can have a lawyer represent you in a deposition to help clarify any questions asked or answers you give. You should never participate in a deposition without an attorney. You can expect the other side to dig to find out whether you were careless in any way.
Talk with a Spartanburg Car Accident Lawyer Today
A shared fault accident can result in smaller settlements and sometimes no financial compensation at all. These are complex cases, and you deserve a lawyer who has the legal knowledge to represent your interests. If you were partially at fault for a car accident, reach out to McCravy, Newlon, Sturkie & Clardy. We can review all facts and evaluate the strength of your case.