Though most car crashes are accidents, they are also usually avoidable. In other words, most motor vehicle accidents happen because somebody did something wrong. Often, the responsible party is one of the drivers. But, it’s often more complicated than that. For example:
- The two drivers who collided might each have done something wrong that contributed to the accident
- A third driver on the road may have made a dangerous move that contributed to the crash
- Debris in the road, poor road maintenance or other factors might have helped caused the accident
The same is true when a car or truck hits a bicyclist or pedestrian. While the driver is usually at least partly responsible, someone on foot or on a bicycle can also contribute to an accident. For instance, a pedestrian who stepped out from between two cars in the middle of the block would likely be found at least partly responsible if they were hit by a car.
How Do South Carolina Courts Handle Shared Fault?
In South Carolina, an injured person can still collect some damages if they were partly responsible for the accident that caused their injuries–but only if they were not more than half responsible. A person who was more than 50% responsible is barred from collecting any damages.
Damages for People Who Were Not More than 50% at Fault
If you were between 1% and 50% responsible for your own injuries, you can still collect damages from the other responsible party. However, you won’t be able to get compensation for all of your injuries. Instead, the court will deduct the percentage you’re responsible for, and you will have to absorb those costs. Here’s an example of how that might play out.
Jo is in a car accident with another driver, Ed, and sustains $200,000 in damages. The jury determines that she was 25% responsible for the crash and Ed was 75% at fault. Because Jo was less than 51% at fault, she can still recover some damages. However, she’ll be responsible for the 25% of damages that were her own fault. That means she can only recover 75% of her damages, or $150,000.
Ed, on the other hand, was found to be more than half at fault. That means he won’t be able to recover any damages.
How is Percentage of Fault Determined?
Percentage of fault is a question of fact for the jury. That means it will be up to the injured person and their personal injury lawyer to establish the appropriate percentage. Of course, there’s no simple formula for what percent of blame is attributable to a driver who was looking at their phone versus one who was speeding or ran a red light.
A personal injury attorney may rely on expert witnesses to establish the percentage of fault attributable to each party, and the outcome will determine whether and to what extent the injured party may collect compensation.
Talk to An Experienced Charleston Injury Lawyer Right Away
Insurance companies are not there to help you. Their profits depend on taking in significantly more in premiums than they pay out in claims, and that’s an incentive to minimize or avoid claims whenever possible. If you were–even arguably–partly to blame for an accident, the other party’s insurance carrier will likely use that to justify a lowball offer and try to convince you that they’re doing you a favor by offering anything.
When that happens, they’re counting on you not knowing your rights. Fortunately, it’s easy to educate yourself. You can schedule a free, no-obligation consultation with an experienced Charleston car accident lawyer. Charleston personal injury attorney Frank Hartman will give you an honest assessment of your personal injury claim so you can make an informed decision about how to move forward. If you decide to retain The Hartman Law Firm, Frank will put his decades of experience to work and fight fiercely for the compensation you deserve.
Call us today at 843-300-7600 or fill out our contact form.