Car accidents can be a stressful and traumatic experience, and determining who is at fault can be a complicated and overwhelming process. In South Carolina, there are specific laws and procedures that must be followed to determine fault in a car accident. Understanding these laws and procedures can help you protect your rights and get the compensation you deserve.
In this blog post, we will discuss what you need to know about determining fault in South Carolina car accidents.
What is Fault?
In South Carolina, fault is determined by the principle of comparative negligence. This means that fault is assigned based on the degree of responsibility each party had for the accident. For example, if one driver is found to be 80% responsible for an accident, and the other driver is found to be 20% responsible, the first driver would be responsible for 80% of the damages, and the second driver would be responsible for 20%.
South Carolina also follows the rule of modified comparative negligence. This means that if you are found to be more than 50% responsible for an accident, you will not be able to recover any damages.
How is Fault Determined?
In South Carolina, fault is determined based on a variety of factors, including:
- The actions of each driver leading up to the accident
- The condition of the vehicles involved in the accident
- The road and weather conditions at the time of the accident
- Any traffic laws that were violated
To determine fault, the police will conduct an investigation of the accident scene and may issue citations to any drivers who violated traffic laws. Insurance companies will also investigate the accident and may use accident reconstruction experts to help determine fault.
It is important to note that fault is not always clear-cut, and it may be necessary to hire a personal injury attorney to help you navigate the process.
What Should You Do After an Accident?
After an accident, it is important to take the following steps:
- Call 911 and seek medical attention for anyone who is injured
- Exchange contact and insurance information with the other driver(s)
- Take photos of the accident scene and any damage to vehicles
- Report the accident to your insurance company
- Do not admit fault or apologize, as this may be used against you in determining fault
If you are injured in an accident, it is important to seek medical attention as soon as possible, even if you do not feel injured at the time of the accident. Some injuries may not present symptoms until days or even weeks after the accident.
Determining fault in a car accident can be a complicated and stressful process, but understanding the laws and procedures in South Carolina can help you protect your rights and get the compensation you deserve. If you have been involved in a car accident, it is important to seek the advice of a personal injury attorney who can help you navigate the process and ensure that your rights are protected.
Additionally, it is important to keep in mind that South Carolina has a statute of limitations for personal injury claims. This means that you have a limited amount of time to file a lawsuit for damages after a car accident. In South Carolina, the statute of limitations for personal injury claims is three years from the date of the accident. It is important to consult with a personal injury attorney as soon as possible after an accident to ensure that you do not miss any important deadlines.
Being involved in a car accident can be a traumatic experience. However, understanding the laws and procedures for determining fault in South Carolina can help you protect your rights and get the compensation you deserve. If you have been involved in a car accident, it is important to follow the steps outlined above and seek the advice of a personal injury attorney who can help guide you through the process. Remember to prioritize your health and safety above all else and take any necessary measures to receive medical attention and treatment for any injuries sustained.
If you have been involved in a car accident in South Carolina, Nimmons Malchow Johnson Injury Lawyers can help you with your case. Here are some ways our experienced team can assist you:
Investigating the Accident: Our team of attorneys can investigate the details of your accident, including reviewing police reports, interviewing witnesses, and assessing the scene of the accident. We will use this information to build a strong case for you.
Determining Fault: Our attorneys are familiar with the laws and procedures for determining fault in South Carolina car accidents. We will gather all relevant information and use our expertise to determine who was at fault for the accident.
Calculating Damages: Our team can help you calculate the damages you are entitled to, including medical expenses, lost wages, and pain and suffering. We will ensure that you receive the compensation you deserve for your injuries and losses.
Negotiating with Insurance Companies: Insurance companies often try to settle claims for less than what they are worth. Our attorneys will negotiate with the insurance companies on your behalf to ensure that you receive fair compensation.
Representing You in Court: If necessary, our team can represent you in court to fight for your rights and ensure that you receive the compensation you deserve.
At Nimmons Malchow Johnson Injury Lawyers, we understand the physical, emotional, and financial toll that a car accident can take on you and your family. That’s why we are committed to providing you with compassionate, personalized legal representation to help you get back on your feet. Contact us today for a free consultation to discuss your case and learn how we can help you.