When it comes to determining fault, a lot of times South Carolina car wrecks are not very clear. A variety of causes can contribute to an auto accident, and the parties involved might share different degrees of blame for the crash.
You may have been in a car accident and maybe you did something that you think contributed to the collision. Does that mean that you cannot recover anything? Not necessarily. If you were injured in a South Carolina car accident, you should talk to our personal injury lawyers at Joye Law Firm.
Our South Carolina partial fault auto accident lawyers can analyze all of the facts about the incident and then pursue all of the compensation that you deserve. Even if you were partly at fault, you may still be eligible to seek a financial recovery. Joye Law Firm has offices in North Charleston, Columbia, Clinton and Myrtle Beach, and our attorneys handle cases throughout South Carolina. Our car accident attorneys and staff treat each and every client with courtesy and respect, and we return phone calls.
Who is at Fault in a Car Accident?
After a serious accident involving injuries, there will need to be a determination of who was at fault. One driver may have caused a crash, or two or more drivers may have been partly responsible.
Insurance companies will assess each party’s fault to decide whether to pay a claim filed by their policyholder or by another individual involved in the accident.
Our experienced partial fault accident attorneys at Joye Law Firm conduct independent investigations to identify who caused an accident and should be held accountable. When submitting a demand letter to an insurance company, we provide backup information to help clarify who was at fault and who should be financially responsible for our client’s medical bills and other losses. Our detailed investigation of your accident allows us to negotiate with the insurer from a position of strength.
You may still be entitled to claim compensation for your losses even if you were partly responsible for causing an accident, as long as you were not 51 percent or more at fault.
When personal injury lawsuits are tried in a South Carolina court, the jury decides who was at fault and whether damages should be awarded. Our attorneys are successful in settling most personal injury cases without going to trial. But if an insurance company refuses to agree to a fair settlement, our experienced trial attorneys will be ready to go to court and present your case to a South Carolina jury.
How Does Partial Fault Affect Recovery for a Car Crash in South Carolina?
Even if you were partly to blame for a car accident, South Carolina law still allows you to recover a portion of your damages, as long as you were less than 51 percent at fault.
South Carolina follows the modified comparative negligence rules in assigning fault. It allows at-fault motorists to recover damages in proportion to their fault, as long as they were less than 51 percent to blame for the accident.
Here’s how it works: If you suffered $100,000 in losses and you were found to be 25 percent at fault, then you could recover $75,000 in damages. If you were found to be 40 percent at fault, then you could recover $60,000. However, if you were found to be 51 percent or more to blame, you would not be able to recover anything.
This is designed to prevent motorists who bore a small amount of fault from being shut out of recovery. You might have heard that some states bar recovery for anyone who was at fault, no matter how minor their degree of fault. That is not the case in South Carolina.
Even if you think you were partly at fault, if you have been seriously injured in a South Carolina motor vehicle accident, you should contact our personal injury attorneys at Joye Law Firm for a free case evaluation. Our team of lawyers can review the details of your accident and determine what compensation you might be entitled to claim.
What Happens If I Was 50-50 at Fault in a Car Accident?
You may still be entitled to damages if you were 50 percent at fault in a car accident in South Carolina. But the amount of financial recovery that you could obtain would essentially be reduced by half.
Deciding whether a motorist is 50 percent at fault for an accident or 51 percent at fault is a judgment call and often a point of negotiation as insurance companies assign fault in a car accident. It’s a common tactic for insurance adjusters to try to assign as much fault as possible to the opposing side to avoid paying a claim or reduce the amount of a settlement.
Handling an injury claim on your own and admitting fault in a car accident can jeopardize your chances of recovering compensation. Insurers may try to take advantage of any statements or admissions you make to deny your claim or dispute the amount you are claiming, even if another driver was also partially at fault.
After a serious car crash in which it appears two or more motorists were partly to blame, it is important to have an experienced South Carolina partial fault car accident attorney who can advocate on your behalf and gather evidence to show that you were not primarily responsible for the collision or your injuries.
What Does a No-Fault State Mean and How Does It Affect Me?
Some states have a no-fault insurance system in which insurance companies compensate their own policyholder for the cost of minor injuries, regardless of who caused the collision.
However, South Carolina does not use a no-fault system. South Carolina law holds that people are responsible for their own actions. South Carolina law allows accident victims who are less than 51 percent at fault to pursue injury claims against other motorists who were at fault.
If the at-fault motorist’s insurance company refuses to pay, you may file a personal injury lawsuit against the at-fault motorist demanding compensation for the losses you have suffered such as your medical bills resulting from the injury and lost income.
An experienced South Carolina accident attorney can assist in identifying the at-fault parties who may be held financially liable in your accident.
Joye Law Firm’s personal injury attorneys are committed to our clients. With nearly 250 years of combined experience, our South Carolina car accident attorneys at Joye Law Firm have received an AV rating from Martindale-Hubbell, and several have been recognized as Super Lawyers.
The results we have achieved for previous clients include a $5.9 million settlement for a client who suffered brain injuries in a wreck, a $1.15 million settlement for the family of a man killed in a car accident and a $500,000 verdict for a man whose back was injured in a collision.
While every case is different, and past results are in no way intended to guarantee that a similar result can be obtained in another case, past results are an indication of our law firm’s experience and hard work when it comes to handling serious injury and wrongful death cases. We are proud to have had a positive impact on the lives of many families in South Carolina. For more details about the results obtained for previous Joye Law Firm clients, please click on the Results tab on our home page.
Call Our Experienced Car Accident Attorneys at Joye Law Firm
If you have been seriously hurt in a car crash in which two or more parties were partly responsible, you need the help of our experienced SC partial fault car accident lawyers. Partial fault can complicate the settlement of a car accident involving significant injuries. Dealing with another motorist’s insurer on your own can be an exercise in frustration. You’ll need experienced legal help to unravel the questions of fault and to have the best chance of getting a satisfactory settlement that covers the extent of your losses.
Our partial fault auto accident attorneys at Joye Law Firm bring nearly 250 years of combined legal experience to each injury claim we handle. Our compassionate attorneys are committed to assisting accident victims who have been seriously injured in car crashes caused by other drivers in Charleston, Columbia, Clinton, Myrtle Beach and throughout the Palmetto State. While our attorneys cannot guarantee any specific outcome for any case, Joye Law Firm has been serving South Carolinians for more than 50 years and has a strong track record of results. We care about our clients and in every case seek to help individuals obtain the money and medical care needed to rebuild their lives.
We recognize that hiring a lawyer is an important decision for you. Take a look at what our past clients have to say about the quality of the legal services they received from Joye Law Firm, then give us a call for a free review of your case.