If you’ve been in a car accident in South Carolina and believe you may be partly to blame, you’re likely feeling confused, worried, and unsure about what happens next. You’re not alone in these feelings. Accidents bring a lot of stress, especially when it comes to figuring out who was at fault and how that affects your ability to get help with medical bills, car repairs, and time off work. We’re here for you, and we understand that dealing with these issues can feel overwhelming. The good news is that even if you think you were partly at fault, you may still be able to recover money for your injuries and losses.
Understanding Fault in South Carolina
South Carolina uses a rule called modified comparative negligence. This means that if you were in a car crash, the court or insurance companies will look at all sides of what happened to figure out how much each person was at fault. If you were less than 51 percent at fault, you can still collect money. But if you were more than 50 percent at fault, you will not be able to get anything for your damages. This system is designed to make things fair. Everyone involved is held responsible for their own part in the crash.
For example, let’s say another driver ran a red light and hit you, but you were speeding a little when it happened. The court might decide the other driver was 80 percent at fault and you were 20 percent at fault. In that case, if you were asking for $10,000 to cover your losses, you could still get $8,000. Your money would just be reduced by your percentage of fault.
How Fault is Determined
When trying to figure out who is responsible for a car accident, insurance companies look at police reports, photos, damage to the vehicles, and what people say happened. Sometimes, they may bring in people to recreate the accident to understand how it occurred. Witnesses who saw the crash can also play an important role.
Fault is not always clear. Sometimes both drivers made mistakes. Maybe one driver didn’t use a turn signal and the other didn’t yield. These small choices can make a big difference in how fault is split. That’s why it’s so important to gather good evidence right after an accident. The more information you have, the better your chances are of showing you were not mostly at fault.
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What You Can Still Recover
Even if you were partly to blame for the accident, you may still be able to get money to help you recover. This includes money to pay for hospital visits, physical therapy, car repairs, and the income you lost if you couldn’t go to work. If you had pain and suffering from the crash, you might also be able to get money for that.
The amount you get depends on how much the other person was at fault. The less you were at fault, the more you can recover. That’s why it’s important to be careful about what you say to insurance companies. They may try to get you to say something that makes you seem more responsible than you really were. It’s a good idea to talk to a lawyer before giving any statements to the other driver’s insurance company.
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
How Insurance Companies Handle Partial Fault
Insurance companies are businesses. They try to pay out as little as possible. If you admit any fault, they may try to use that against you to lower your payment. They may even try to blame you for things that weren’t your fault at all. This is why people often feel discouraged when dealing with them alone. You deserve to have someone on your side who knows the law and how to protect your rights.
In South Carolina, your own insurance company may also play a role in helping you with your claim. You may have coverage for medical bills or property damage no matter who was at fault. But using your own coverage may raise your premiums, so it’s smart to have someone guide you through those choices.
What Happens If Fault is Shared Between Several People
Sometimes more than two drivers are involved in a crash. Maybe one person stopped suddenly, another was tailgating, and a third was distracted. In these cases, fault can be divided between all the drivers involved. This makes things more complicated, but the same rule still applies. As long as you are less than 51 percent at fault, you can recover money.
In these multi-car accidents, every detail matters. The timing of the crashes, the speed of each car, the conditions of the road, and whether any traffic laws were broken all help decide who is responsible. It’s important to act fast and gather all the details while they’re still fresh. Waiting too long can make it harder to prove what really happened.
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Steps to Take After an Accident When You May Be Partially at Fault
If you’ve just been in an accident and think you may be partly responsible, don’t panic. First, make sure everyone is safe and get medical help if needed. Call the police and make sure an official report is written. Take photos of the cars, the road, and anything else that shows what happened. Write down the names and numbers of witnesses.
Do not admit fault, even if you think you made a mistake. There may be things you don’t know that played a bigger role in the crash. Fault is a legal matter, and it should be handled by people who know how to look at all the facts.
Keep track of all your doctor visits, receipts, and time missed from work. These will be important when figuring out how much money you need to cover your losses.
Why Legal Help Makes a Big Difference
When you’re dealing with partial fault, having legal help can change everything. The law is complex, and insurance companies know how to use that complexity to their advantage. Having someone on your side can help make sure your story is told the right way, and your rights are respected. A lawyer can look at the facts of your case, collect strong evidence, talk to the insurance companies for you, and fight to make sure you’re treated fairly.
You don’t have to know all the laws or face the insurance company alone. You’ve already been through a lot. You deserve to feel safe and supported during this time. You also deserve someone who knows how to make sure you are not blamed for more than you should be.
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Let Us Help You Move Forward
If you’re dealing with a car accident and think you might be partly at fault, don’t wait to find out your options. You may still have a strong case, and you may still be able to recover money to help you move on with your life. Time is important in these situations, and waiting too long can hurt your chances. Let someone who understands the law and how to protect your rights help you through this.
At Christian & Christian Law, we’ve helped people just like you who thought they had no chance. We understand how it feels to be scared and unsure. Let us take the pressure off your shoulders and fight for the best outcome. Call us today to talk about your case. The consultation is free, and you won’t pay anything unless we help you win. You don’t have to go through this alone. We’re ready to stand by your side.