Frequently Asked Questions

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:

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