How is fault determined in South Carolina?
How is fault determined in South Carolina?
The presence of negligence determines fault in a South Carolina accident. This means that someone would be at-fault if they were driving carelessly or recklessly.
Four things must be shown to prove negligence: duty breach, causation and damages. Duty means a driver has a duty to behave according to a certain standard of care. A breach of that duty means the other driver violated that standard of care.
To prove causation, there needs to be a breach of duty that caused the accident. The last requirement for determining negligence is the damage that is caused by the breach of duty.
If the negligence of another driver caused your injuries, you might be entitled to seek damages for:
- Property damage
- Rehabilitation
- Long-term care
- Pain and suffering
- Medical expenses
- Disfigurement
- Lost future, present and past wages
If the negligence of another driver caused the death of a loved one, you might be entitled to seek damages for:
- Medical expenses, including surgical fees
- Lost wages
- Lost benefits
- Funeral/burial costs
- Emotional distress
- Loss of marital relationship
- Loss of companionship
- Pain/suffering of the deceased before death
Other Car Accident FAQs:
- Am I liable if I hit the car in front of me after I was rear-ended by another driver?
- Can I sue after a car accident if I was not wearing my seat belt?
- Do I have to call the police after a car accident?
- Do I need a car accident attorney?
- Does South Carolina use a fault-based system for car accidents? What does that mean for someone involved in an auto accident?
- How is fault determined in South Carolina?
- How long do I have to file a car accident claim?
- How many car accidents occur in South Carolina each year?
- How many fatal car accidents happen in South Carolina each year?
- What compensation can I get after a car accident?
- What do I do if I am in a car accident and the at-fault driver does not have insurance?
- What do I do if my damages are more than the insurance policy limits of the at-fault driver who hit me in a car accident?
- What do I need to know about my South Carolina accident report?
- What does comparative fault mean when it relates to a South Carolina car accident?
- What should I do after a car accident?
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