In the Palmetto State, car accidents can happen in the blink of an eye, leading to severe injuries and substantial property damage. Understanding liability in South Carolina car accidents is essential for those seeking justice and compensation. Please continue reading as we explore how fault is determined in South Carolina following a car accident and how our Chesterfield County Car Accident Lawyer can fight for the compensation you need to get your life back on track.
How Does Car Accident Liability Work in SC?
In South Carolina, car accident liability operates under an “at-fault” system. This means that the individual responsible for causing the accident is liable for the resulting damages, and victims can pursue compensation directly from their insurance company for medical bills, lost wages, and other expenses. If your damages exceed the at-fault driver’s insurance policy limits, you can pursue legal action against them for the remaining amount.
The state requires all motorists to carry a minimum amount of liability insurance. This includes bodily injury and property damage coverage. The minimum coverage in South Carolina is $25,000 per person for bodily injury, $50,000 per accident, and $25,000 for property damage. These limits dictate the minimum coverage an at-fault driver’s insurance will pay out to victims.
Is South Carolina a Comparative Negligence State?
It’s important to note that the state also operates under a modified comparative negligence rule, which allows you to recover damages even if you were partially at fault for the collision, but your compensation will be reduced based on your degree of fault. To recover compensation, your fault for the accident must be less than 50%. If you exceed that percentage of fault, you will face the absolute bar of recovery. For instance, if you are assigned 40% at fault for the accident and the other party is 60% at fault, you can still recover damages, but your award will be reduced by 40%. Keep in mind before you can recover compensation for your damages, you will need to fulfill the burden of proof. This means you must demonstrate that the other driver was negligent and that their negligence directly caused your injuries and losses.
If you have been injured in a car accident, it’s important to have a skilled attorney on your side. At the Cockrell Law Firm, P.C. we understand that navigating the complexities of car accident liability can be overwhelming. Our legal team is prepared to help you fight for the full and fair compensation you are entitled to. Connect with our firm today to learn more about what we can do for you during these difficult times.
