If you’ve been injured in a crash, South Carolina comparative negligence laws can make or break your case. Car accidents are rarely black and white; sometimes, both drivers share some degree of blame. In these situations, South Carolina law applies a modified comparative negligence rule, which determines whether you can recover damages and how much you may receive.
At the Dan Pruitt Injury Law Firm, we help injured people in Greenville and across South Carolina work through these challenging rules. If the insurance company is trying to blame you for an accident you didn’t cause, or only partially caused, we’re here to fight back and pursue the full compensation you’re entitled to.
A Law Firm That Understands What’s at Stake
When you’re facing mounting medical bills and lost wages after a car crash, you deserve more than just legal advice; you deserve a law firm that takes your case personally. At the Dan Pruitt Injury Law Firm, we focus solely on serious personal injury and wrongful death cases. We have decades of experience helping South Carolinians recover after devastating accidents involving cars, trucks, and other motor vehicles.
If you’ve been injured and they’re pointing fingers, don’t wait to protect your rights.
What are South Carolina Comparative Negligence Laws?
Comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. South Carolina follows a modified comparative negligence rule with a 51 percent bar. That means:
- You can still recover compensation if you are 50 percent or less at fault for the accident.
- If you are 51 percent or more at fault, you cannot recover any damages.
Additionally, your total compensation is reduced by your percentage of fault. For example, if your damages are valued at $100,000 but you are found to be 30 percent at fault, you would receive $70,000. This law applies to nearly all car accident claims in South Carolina, whether they involve a simple fender-bender or a catastrophic multi-vehicle collision.
How Comparative Negligence Impacts Car Accident Claims
Understanding South Carolina comparative negligence laws is essential in any car accident case, as insurance companies often use them as a tool to avoid paying full settlements. Here’s how it plays out in real life:
Disputed Fault
In many accidents, especially intersection collisions or sideswipes, both drivers may claim the other was at fault. Even if you did nothing wrong, the insurer may try to assign partial blame to reduce your payout.
Shared Fault
Even if you were partially at fault, that doesn’t mean you don’t have a case. For example, if another driver ran a red light but you were speeding, both factors may have contributed to the crash. As long as you’re not more than 50 percent at fault, you can still pursue compensation.
The bottom line is to never assume you’re ineligible for compensation just because you may have been partly at fault. Talk to our experienced South Carolina car accident attorney who can evaluate your case and push back against unfair blame.
How Is Fault Determined in a South Carolina Car Accident?
Fault is not decided by guesswork. Insurance adjusters and, if needed, juries, look at evidence to determine each party’s share of responsibility. That evidence may include:
- Police reports and crash diagrams
- Photos and videos of the accident scene
- Eyewitness statements
- Traffic camera or dashcam footage
- Cell phone records
- Accident reconstruction expert opinions
At Dan Pruitt Injury Law Firm, we conduct thorough investigations to gather and preserve this evidence. Our goal is to present a compelling case that minimizes your fault and maximizes your recovery.
Statute of Limitations in South Carolina
If you’re considering filing a car accident lawsuit, you must act within South Carolina’s legal deadline. The statute of limitations for personal injury claims is three years from the date of the accident.
Failing to file your claim within this time frame could result in losing your right to compensation, no matter how strong your case is or your degree of fault. Waiting also gives the insurance company time to build a case against you. The sooner you speak to our South Carolina car accident lawyer, the better your chances of a successful outcome.
Don’t Let the Insurance Company Blame You
It’s common for the other driver’s insurance company to point the finger at you to avoid paying out your full damages. They may say:
- You weren’t wearing your seatbelt
- You were driving too fast for conditions
- You were distracted at the time of the crash
Even if these claims are exaggerated or false, they can significantly impact your settlement under South Carolina comparative negligence rules. As such, it’s imperative to have a legal advocate who can push back and present the facts.
At Dan Pruitt Injury Law Firm, we know how to dismantle weak arguments and use evidence to establish a clear picture of what happened. We won’t let the other side twist the story to their advantage.
Issues Related to South Carolina’s Comparative Negligence Law? Contact Our Lawyers
If you were hurt in a crash and the other party is blaming you, do not attempt to understand South Carolina comparative negligence laws on your own. The stakes are too high, and the rules are too complex.
Let the Dan Pruitt Injury Law Firm stand up for you. We have decades of experience helping people across South Carolina recover the compensation they need, and we’re ready to help you, too.
To schedule your free consultation, contact us online. There’s no fee unless we win your case.