How Fault is Determined in South Carolina Car Accident Cases

Negligence is the cornerstone of car accident claims. A person is negligent when they fail to act with less than reasonable care, causing another harm. Even if the other driver is clearly at fault, you must present evidence showing that.

Following a crash, you should be focused on physical recovery, not insurance claims. At Bradley Law, our Anderson, SC, car accident attorney is committed to helping you recover maximum compensation. Let us help you during this challenging time.

How Do I Prove the Other Party’s Negligence?

Negligence is defined as using less care than a reasonably prudent person would in the same or similar circumstances. A successful negligence claim depends on establishing the following:

• Duty of care: The other driver had a legal obligation to keep you safe from harm. This applies to all drivers, who must adhere to traffic regulations to avoid collisions.
• Breach of duty: Through either an act or omission, the other driver failed to uphold their legal obligation.
• Causation: The other driver’s conduct must be the actual and legal cause of your injuries. Actual cause means that their actions set a chain of events into motion, which subsequently led to your injuries. Legal, or proximate cause, implies your injuries were foreseeable given the driver’s actions. Proving direct cause is a common reason that car accident claims are denied.
• Damages: Your accident resulted in you sustaining compensable losses or damages. Common damages in a car accident claim include hospitalization costs, lost wages, and vehicle repairs.

What if More Than One Driver is At-Fault?

Since car accident cases involve many moving pieces, more than one driver may be held legally responsible. Each jurisdiction has its own negligence laws, with some states prohibiting the plaintiff from recovery if they are even found 1% liable. Fortunately, this is not the case in South Carolina.

Under SC Code § 15-38-15, a plaintiff is entitled to legal recovery as long as they are less than 51% liable (no more liable than the defendant). This is known as comparative negligence. If you are 51% or more liable, then you will be barred from recovery.

If you are found partially liable, your compensation will be reduced based on your percentage of fault. So, if you submit a bodily injury claim for $20,000, but are deemed 25% liable, your claim will be reduced to $15,000. Having your claim reduced by $5,000 can make a major difference when contending with lost wages and ongoing medical expenses. In working with our Anderson, SC, car accident attorney, we can help to reduce your liability to allow you to be compensated to the fullest extent under the law.

Injured? Do Not Hesitate to Speak with Our Anderson, SC, Car Accident Lawyer

Car accident injuries can result in hospitalizations, surgeries, physical therapy, and ongoing costs. These expenses can add up quickly, adding unneeded stress to your healing journey. At Bradley Law, our Anderson, SC, car accident attorney has dedicated his professional life to fighting for injury victims. If you have experienced harm due to another’s negligence, there is no time like the present to discuss your legal options. To schedule a free consultation, contact us online or by phone.