Car accident claims are rarely straightforward. In South Carolina, it’s not always clear who caused the crash. Sometimes, both drivers share some blame. That’s where the rule of comparative fault in car accidents comes in, and prevention. This rule can affect how much money you receive if you get hurt. Whether it’s a minor fender bender or a serious crash, understanding this rule matters.
What Is Comparative Fault in a Car Accident Case?
Comparative fault is a legal rule that applies when both drivers are at fault for an accident. Instead of being 100 percent to blame, each person is given a percentage of fault. This helps courts decide how to split responsibility in a partial-fault car crash.
South Carolina follows a modified comparative fault rule. You can still recover compensation for your injuries if you’re not more responsible for the accident than the other party or parties. So, even if it’s a shared responsibility accident, the person who is mostly at fault pays.
How Comparative Fault Impacts Your Compensation
The more blame you have, the less money you receive. Let’s say your total losses equal $100,000. If you’re found 30 percent at fault, you only get $70,000. That’s the power of comparative negligence car accident rules. Your fault percentage in an auto accident directly affects your check.
For example, if a driver didn’t use a turn signal and the other driver ran a red light, both drivers involved in the crash share fault. The court may say one driver is 30 percent to blame. In that case, the compensation functional capacity drops by that same amount. This is known as reduced compensation, shared fault.
Tips If You Might Be Partially at Fault
Even if you think you made a mistake, don’t admit fault. What you say can be used against you later. Some of the things you should do to provide yourself with the best chance of defending your rights and proving that the other driver was at fault include:
- Taking photos of the crash scene, vehicle damage, road signs, and injuries
- Getting contact info from witnesses
- Not giving a recorded statement to the other driver’s insurance company without speaking to a lawyer.
- Sticking to one version of events, as changing your story makes you look unreliable.
These steps can help prove who’s at fault in a two-car crash situation.
Proving Fault and Protecting Your Claim
Police reports, witness statements, and crash reconstructions matter. They help determine driver fault in South Carolina. This process is called driver fault determination. Insurance companies often use their version of car crash liability rules to say you were at fault. But they don’t always get it right.
Sometimes, insurers blame you more than you deserve so that they can pay less. Having a lawyer helps you fight back. With support, you can push back against unfair decisions and more accurately prove the personal injury shared responsibility.
What to Expect During the Claims Process
The claims process can feel confusing, especially if both drivers share some blame. Understanding each step can make it easier to prepare for what’s ahead. Every stage matters in a comparative fault case, from filing paperwork to possibly going to court.
Please read more about how long after an injury you can claim here: How Long After a Car Accident Can You Claim Injury?
Filing the Claim
Once the dust settles, you’ll likely file an insurance claim with comparative fault. If both drivers share blame, expect some back-and-forth. You’ll need to provide evidence that supports your side of the story, including photos, medical bills, and witness statements.
How Negotiations Work
Your lawyer and the insurance company will talk numbers based on the accident blame percentage. They’ll argue about what’s fair. Often, insurance companies use the existence of comparative negligence laws to justify lower offers. Your attorney can push back with facts and help protect your right to a fair payout.
Going to Court
If both sides can’t agree, the case may end up in court. This is common in car accident injury settlement fault cases or when multi-car collision liability gets complicated. Judges and juries will examine the facts and decide how much blame to assign to each person. If you go to trial, your legal team will present your case using evidence and expert testimony to argue for a lower fault percentage.
Contact a South Carolina Car Accident Attorney Today
When a crash happens, determining fault can be complicated. Whether you are dealing with a car accident insurance shared fault claim or worried about determining fault in a collision, you don’t have to do it alone. Our team of compassionate South Carolina car accident lawyers at Evans Moore, LLC can help you fight for the compensation you deserve, even if you share some blame. Call (843) 995-5000 today to get started with a free consultation.
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