Following a South Carolina car accident, you need and deserve to recover fair compensation for your injuries. However, the amount of compensation available can vary widely based on the unique circumstances of the accident. Calculating compensation is not always as easy as plugging numbers into a formula. Factors like the severity of your injuries and the time missed from work can affect compensation. The cause of the accident is another factor that can significantly impact the compensation you can recover after an accident caused by a careless individual.
Every state has unique laws governing its civil court system and personal injury lawsuits. In South Carolina, the court must follow a modified version of the doctrine of comparative negligence. Understanding comparative negligence in car accidents and South Carolina car accident laws can help prepare you for going through the steps to pursue maximum compensation for your injuries.
What Is Comparative Negligence?
Several types of negligence laws exist across the country. Some states follow pure or modified comparative negligence statutes, while others employ a stricter regulation called contributory negligence.
Comparative negligence laws apply to negligence-based civil cases. They help courts determine compensation for accident victims based on the percentage of fault each party involved bears on causing the accident.
How Comparative Negligence Impacts Compensation
South Carolina follows a modified version of comparative negligence. Under this rule, car accident victims can use the legal system to recover compensation for their injuries. Modified comparative negligence dictates that a person’s compensation diminishes by the same percentage as their level of fault for causing an accident, meaning settlement reduction due to fault percentage.
Evidence helps courts make fault determinations in South Carolina car accident cases. If the court evaluates the evidence and finds that a victim is 10 percent responsible for causing an accident, the victim’s overall compensation is reduced by 10 percent. If they are deemed 20 percent responsible for a car accident, compensation is reduced by 20 percent, and so on.
However, there is a limit to modified comparative negligence, sometimes called the 51 percent bar rule in South Carolina. Suppose a person’s liability exceeds that of the other party, meaning they are 51 percent responsible for causing the accident or greater. In that case, that party gets barred from recovering any compensation for their injuries.
The modified comparative negligence regulation binds all South Carolina civil court cases. However, it also guides how an insurance adjuster may value personal injury claims. Many adjusters will estimate compensation under comparative negligence, considering how a judge or jury may rule in a case to potentially diminish the size of a settlement claim. No unequivocal method or formula is used to determine fault percentages in car accident cases; assigning liability is up to the court’s discretion. Some adjusters use the rule to diminish the settlement of a car accident claim for the company’s financial benefit, which is not necessarily in line with how a court may rule.
Determining Liability in South Carolina Crashes
Determining liability comes down to evaluating the evidence presented. The more evidence and the higher the quality, the more likely a court will hand down a more favorable ruling. Recovering maximum compensation for your injuries after a South Carolina car accident means gathering and preserving crucial evidence to support your case.
Proving fault in car accidents means evidence shows that the other driver violated their duty to operate their vehicle safely and how that violation directly caused the crash and your subsequent injuries and losses. Some of the evidence that can help build a compelling car accident case can include:
- Detailed photographs and videos of the crash
- Surveillance or dash camera videos
- Police report
- Chemical testing results
- Inspections of the crashed vehicles
- Cellular phone records
- Medical records
- Witness statements
Expert witness testimony can also be crucial in car accident cases. Accident reconstruction experts can help paint a more detailed picture of how an accident occurred and who may be at fault, corroborating other evidence. Medical expert testimony can help establish the extent and severity of a person’s injuries. It can also show how these injuries impact the victim’s overall quality of life and ability to work. Finally, financial experts can also help support a case by showing the accident’s impact on a person’s economic stability.
Unfortunately, securing the evidence it takes to build a compelling case takes time and resources that an injured individual may not have immediately after an accident that causes severe injuries. A personal injury attorney not only helps accident victims through the complicated South Carolina civil court system, but they also have the skills and tools to collect and preserve vital evidence before it can be lost or destroyed. This strategy puts the accident victim in the best position to seek maximum compensation for their injuries.
The Importance of Legal Representation in Comparative Negligence Cases
A South Carolina car accident attorney understands what it takes to build a solid personal injury case that offers victims the best chance at recovering the money they deserve. Understanding the state’s comparative negligence laws and their role in your car accident case can be complicated without legal assistance. A skilled car accident attorney can manage the nuances of your case and build a strategy that considers modified comparative negligence. They’ll understand how to protect your legal rights throughout the car accident legal process.
Even insurance adjusters factor in modified comparative negligence laws. This means you can benefit from legal representation, even when working with an insurance company to recover money for your injuries.
Contact a South Carolina Car Accident Lawyer for Help
At Goings Law Firm, LLC, we fight to protect the rights of car accident victims. Let’s work together to pursue maximum compensation to help you rebuild your life. Modified comparative negligence regulations can significantly impact the value of your case. Let an experienced attorney evaluate your case and guide you through seeking the compensation you deserve. Call (803) 350-9230 our South Carolina office today or contact us online to request a free case evaluation to learn more about your legal options.
