What does comparative fault mean when it relates to a South Carolina car accident?
What does comparative fault mean when it relates to a South Carolina car accident?
In addition to being a fault state in terms of dealing with car accidents, South Carolina also follows modified comparative negligence provisions.
The modified comparative negligence theory means that anyone who is more than 50 percent at-fault for an accident cannot recover anything from the other driver. However, if someone is 50 percent or less at- fault, they can recover compensation from the other driver, but the percent of responsibility reduces damages.
An example would be if two drivers, X and Y, were in a collision and driver X was 49 percent responsible and sustained $10,000 in damages, and driver Y was 51 percent responsible and had $50,000 in damages. In this situation, driver X could recover damages, but they would be reduced by 49 percent – the percentage of that ‘driver’s fault for the accident. Driver Y cannot recover damages, as they are more than 50 percent responsible for the accident.
For further information on South ‘Carolina’s modified comparative negligence provisions, visit here.
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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