By Melissa Fried, Attorney

If you have been injured in a car wreck, but the officer at the scene marked you at fault, you may still be able to recover for your injuries.

This might become an issue if you were turning left from a stop sign onto an adjoining street when another vehicle came out of nowhere speeding in the opposite direction, and hit the side of your vehicle. Because the other vehicle had the right of way, regardless of the fact that they were speeding, the officer would likely mark you at fault on the accident report for failing to yield the right of way.

However, rather than leaving you without any recovery, South Carolina recognizes a modified comparative fault scheme. What this means is that even if you may have contributed to the collision in some way, as long as you are found to be less than 51% at fault for the collision, you might be able to recover damages.

To determine whether you are less than 51% at fault and able to recover, the court will use all the evidence in front of it such as photographs of the collision scene, property damage to both vehicles, driver and witness statements, and the accident report.

If you have been injured in a car collision and don’t know whether it was entirely your fault, the car accident attorneys at the Joye Law Firm are here to help you. If you have any questions or would like to schedule a free initial consultation with me or any of the personal injury attorneys at the Joye Law Firm, please call our firm at 877-941-2615 or contact us online.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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