Four SC Upstate student athletes were killed in a car accident when their car ran off the road, hit a tree and landed in flames. The accident, which claimed the lives of four and injured one, occurred a mile from the campus. It has yet to be determined whether the accident was caused by another vehicle, whether the driver and passengers were responsible for the accident or a defect in the automobile caused the car to run into the tree.
Laws in South Carolina
South Carolina is an at-fault state. Ultimately, this means that the party responsible for the accident can be held liable by those who were injured. The state does, however, follow the doctrine of comparative negligence, which provides that the damages awarded to the injured party may be reduced according to their degree of fault. In this case, it has yet to be determined if the college students were partially responsible for the accident, or if it was clearly caused by a defective product or another driver altogether.
How Does Comparative Negligence Apply to My Case?
If you have been injured in a car accident, it is imperative to understand how comparative negligence may apply in your case. In some cases, an ultimate determination may be simple; one party may be clearly at fault, and, as such, the injured party’s damage recovery will not be reduced.
However, often times this determination is difficult. Take, for example, an accident involving two drivers at an intersection. One driver may have turned and collided with the other, highlighting his or her liability. In this same situation, the other driver may have been texting or distracted in some other way; this, in turn, is a demonstration of partial liability as well. The case can become even more complex if a defective auto part malfunctioned, leading to the crash. Here, partial liability could be apportioned to the car maker, distributor, or another party altogether. The potential challenges that may arise in such a case demonstrates the importance of contacting a skilled attorney.
Has Your Loved One Been Injured?
If you have a loved one that was injured in a tragic accident then you may have a claim. You have suffered enough and deserve an attorney who can put your claim and your family first. Dan Pruitt is an experienced and caring attorney in Greenville who has handled many car accident cases and worked with numerous insurance companies throughout South Carolina. He will work with you to help you understand how to file a claim and what evidence will be necessary to collect in order to win your case. Contact our firm at 864-280-7660 to schedule your free initial consultation with a lawyer that cares about you and your family.