Understanding Fault in South Carolina Car Accidents

  • Car accidents are frightening, but once they’re over, you might be thinking mostly about the expense of it. You’re paying for your pricey medical bills, and you weren’t even the one at fault. When this happens, you’ll need to look at who’s at fault in order to get your compensation.

    Every state has different laws about fault, and South Carolina is no exception. If you’ve suffered through an auto accident, you’ll need to understand who’s at fault, how that affects your claim, and what happens if you’re also found at fault.  

    Responsibility in a Crash

    When you’re dealing with a car accident in South Carolina, fault will be an important aspect. South Carolina is a fault state, which means that the at-fault party can be held responsible for your damages. So instead of your insurance company settling with you regardless of fault, you might need to seek compensation for the other driver’s actions.

    Fault doesn’t always mean that they’re the only person responsible, however. If you were hit by someone who was on the clock during the accident, for example, they might not be the one responsible. Instead, it may be their employer who pays, since they’re liable for their employees.

    If you’re hit by a government employee, it can be even more complex. Suing the government is difficult, so you can expect a little trouble getting the full compensation you deserve from them. If you’re not certain whether the other person in your crash was at work, or whether they’re the one at fault, seek out a lawyer for help.

    Comparative Fault for South Carolina Drivers

    Unfortunately, you might believe you were partly at fault for the accident, or the defense might be claiming that you were. This can diminish your claim or cause you to lose it completely, so be ready to fight back if they wrongly accuse you of being at fault.

    Let’s say you were drowsy and couldn’t prevent the accident. They might claim you were 20 percent responsible for the accident, and you didn’t defend your claim from these accusations. If this happens, you’ll only be able to recover 80 percent of your compensation.

    Worse, if you’re found to be more than 50 percent at fault, you’ll be unable to recover any compensation for your injuries. So, avoid being barred from recovery by speaking to your South Carolina car accident lawyer about the wreck and your part in it.

    Contact a Lawyer

    When you’re hit by another driver, you’ll need to understand fault laws before you file your claim. You’ll need to ensure that you’re filing against the right person and that your claim is protected against accusations of fault.

    If you’re struggling with fault laws for your claim, reach out to our attorneys at HawkLaw, PA for help protecting your claim. Starting with a free claim consultation, we’ll cover how we can help you fight back and get the compensation you deserve before you take your claim to court.

    Ready to get started? Reach out to our lawyers by calling 1-888-HAWK-LAW (429-5529) or by visiting our website.