Can I Still Get Compensation if I Was Partially at Fault?
When you are behind the wheel, things can happen quickly. In an instant, another driver may crash into your vehicle, causing major damage and injuries.
It is easy to assume that the other driver will bear 100% of the fault in such a car accident, but sometimes an insurance company may assign fault to the other driver as well. For example, even if the other driver caused the collision, it is possible that you were speeding and that made the crash worse or harder to avoid. Or maybe you failed to use a turn signal before changing lanes or turning, and that contributed to the accident. Another common issue is following too closely. If the vehicle in front of you suddenly stops, and you were tailgating, you could be held liable to some degree.
You can still get compensation if you were partially at fault for a car accident in South Carolina. The state uses what is called a modified comparative negligence rule.
This means that if your fault in causing the accident is 50% or less, you can recover damages. However, the amount you get will be reduced by your percentage of fault. For example, if your damages are $100,000 and you are found 20% at fault, you would be able to recover $80,000.
However, you cannot cross the 50% threshold. If you are found 51% or more at fault, then you are barred from recovering anything. You cannot recover if your share of fault is greater than the fault of the other party. Fortunately, South Carolina generally does not have a cap on the total amount of economic and non-economic damages that can be recovered. If you incurred hundreds of thousands of dollars in damages, you can try to recover it all.
Insurance companies will almost always try to assign some percentage of blame, so it is important to gather strong evidence if you think they might wrongfully assign fault to you. Fault is determined by evidence, so gather documents such as police reports, witness testimony, expert statements, photos, and videos. Having a lawyer on your side can also be helpful in ensuring you get assigned fault fairly and receive the compensation you deserve for your damages.
What Else Should I Know?
If you want to file a claim for compensation, you need to act quickly. Under South Carolina Code §15-3-530, time limits apply for personal injury cases. In South Carolina, the statute of limitations for most car accident personal injury claims is three years from the date of the accident. This deadline is strictly enforced, meaning you may lose your right to seek compensation if you fail to file your case within this period
Contact Us Today
Even a highly skilled driver can be held liable for a car accident. When this happens, you may still be entitled to some degree of compensation.
The Charleston car accident lawyers from Wyndham Law Firm, LLC, can help you understand your legal rights to compensation after a crash. We have decades of experience helping victims like you obtain fair compensation for their losses. Schedule a consultation today. Contact us via (843) 279-5312 or online here.