Understanding Fault in South Carolina Car Accidents

While in the aftermath of an accident, some people who were seriously injured begin to question how much their own actions contributed to crashes occurring, they should not speak to insurance companies representing any of the other drivers involved. In such cases, even seemingly minor admissions can be devastating for the personal injury claims relating to those incidents.

If you have suffered severe injuries or your loved one was killed in a car accident in South Carolina, you will want to contact the Nye Law Group as quickly as you can. Our firm can speak to insurers on your behalf and negotiate a fair and full settlement for your medical bills, lost wages, and pain and suffering. If an insurance company is not willing to provide adequate compensation, we can file a lawsuit.

Negligence Laws in South Carolina

South Carolina Code § 15-1-300 clearly states that contributory negligence does not bar recovery in a motor vehicle action. In other words, a person can still recover damages in a lawsuit stemming from a car accident even if he or she was partially at fault.

Under the statute, a person is permitted to recover damages so long as his or her share of negligence was not more than the defendant’s or the combined negligence of all other parties when there are multiple defendants. An individual is prohibited from recovery only when he or she is 51 percent or more at fault for his or her injuries.

The amount of negligence that is attributed to a plaintiff is essential because that will also factor into a reduction in the final jury award. As an example, a person who is awarded $100,000 in a car accident case but is found to have been 30 percent at fault would see his or her award reduced by $30,000 and would ultimately receive $70,000.

Critical Post-Crash Actions in South Carolina

A general rule for car accident victims in all states is to seek medical attention immediately. Even when people do not think they were hurt, specific injuries involve delayed symptoms and insurance companies often use delays in treatment to argue that damages were not that serious.

After receiving medical care, victims should avoid speaking to insurers, and insurance companies will typically make multiple attempts to contact people injured in car accidents. In many cases, insurers pressure victims into accepting settlements that are far less than what they are entitled to.

When you have been injured in a car accident in South Carolina, the only phone conversation you will want to have afterward is with an experienced personal injury attorney. Your legal counsel will be able to represent you in all dealings with insurance companies so you can recover as much compensation as possible.

Find a Car Accident Lawyer in South Carolina

If you or your loved one was severely injured in a car crash in South Carolina, you will want to seek legal representation quickly. The Nye Law Group serves residents and visitors in the greater Bluffton areas.

You can receive a free, no-obligation consultation that will let our firm provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online today.