How Fault affects South Carolina Car Accidents
The most common method of travel is by car. A large number of vehicles on the roads leads to more congestion and a higher chance for accidents. Many car accidents occur on the South Carolina highways.
With thousands of car accidents occurring in South Carolina every year, many are at-fault accidents that place legal liability on the at-fault driver. An at-fault accident occurs when one driver causes it because of their actions. You can be an at-fault driver in a car accident even if you did not intend to cause it. In case of an accident, the at-fault driver may be required to pay for the bills and damages the injured parties receive.
Types of at-fault car accidents and damages
At-fault car accidents may happen for different reasons, including:
- Rear-end collision from following a vehicle too closely
- Running a red light or stop sign
- Texting or using your cellphone while driving
- Driving under the influence of drugs and/or alcohol
In a car collision, damages may occur to the automobiles, people and property involved in the accident. In South Carolina, the at-fault driver is responsible for the damages they caused. Damages that may result from an at-fault accidents are:
- Vehicle damage
- Damage to your personal property
- Bodily injuries
- Lost wages
- Pain and suffering
- Emotional distress
Fault can affect your car accident compensation
When you are involved in a car crash, you need to call the police to come and take an accident report. The police will investigate the car crash and make a determination as to who was at fault. In some instances, both drivers involved in a car accident contributed to the crash and are both at fault.
Under South Carolina law, when both drivers are at-fault, it is important to determine which driver was more at fault. South Carolina is a comparative negligence state, which means that a driver can recover compensation if their negligence does not exceed the negligence of others involved in the accident.
If one driver is determined to be 100 percent responsible for the accident, then they can not recover compensation for damages. Instead, they are fully responsible for paying out compensation for injuries and damages to others involved in the vehicle accident.
If a driver who files a car accident lawsuit is 30 percent at-fault for the car accident, they can still recover 70 percent of the damages they incurred. However, if a driver is 51 percent at fault, they will not recover any compensation for damages.
Joint and several liability occurs when more than one person is liable for the act. If you are in car accident and hit by two drivers, both drivers may be found liable for all of your damages. However, a driver hit by two other drivers is not entitled to compensation if their fault percentage is determined to be more than the fault percentage of the other two drivers.
South Carolina civil action laws for accidents
If you decide to file a lawsuit after your car accident, you must remember that there is a statute of limitations, which requires you to file a claim within a certain amount of time after your accident. In South Carolina, you have 3 years after your car accident to file your case.
A wrongful death lawsuit may be filed by the appropriate family member if the no-fault person dies in or as a result of the car accident. Compensation recovered in the lawsuit will be distributed pursuant to South Carolina law in the manner the entitled parties would receive if the deceased died without a will.
Hiring an attorney
South Carolina car accident cases are often complex. If your or someone you loved were involved in a vehicle accidents do not attempt to face a lawsuit alone. Contact an attorney to handle your car accident claim to ensure your legal rights are protected. We are here to fight for the compensation you deserve. Call Steinberg Law Firm at (843) 720-2800 and hire an experienced South Carolina car accident attorney.