What happens if I have a partial fault in a car accident?

It is more common than you think to be accused of sharing liability for a car accident. However, if you are found partially responsible, it could have a substantial impact on the outcome of your case. An experienced Greenville car accident lawyer from Smith Jordan Law can help you deal with the ramifications of a partial fault car accident.

Contact our office for a 100% free consultation today to learn more about how shared liability claims work, how you can protect yourself against unjust partial blame accusations, and how your case could be affected.

partial fault car accident

How South Carolina’s modified comparative negligence laws work

South Carolina follows modified comparative negligence rules. This means if you are involved in a partial liability car accident, you could still recover compensation for your damages as long as your percentage of blame does not exceed the state’s threshold.

The 51% rule

In South Carolina, if you are 51% or more at fault for an accident, then you are barred from recovering.  If, however, you are 50% or less at fault, then you can still recoup your damages at a reduced rate.

If your fault percentage is less than the bar threshold, you can expect your settlement to be reduced in proportion to your percentage of the blame. This means if you are 15% at fault, there will be a 15% deduction of your award. This can have a significant impact on the amount of your car accident settlement.

A look at partially at-fault car accidents

It can be difficult to wrap your head around complex numbers and understand how modified comparative negligence works in South Carolina. The best way to get answers is by looking at a real-life example.

Let’s say Samantha was speeding when a distracted driver pulled out in front of her. Her car accident injuries and damages were significant. So much so that the jury awarded her $3 million for her suffering. However, because Samantha was speeding, she was found 15% responsible for her injuries. Samantha’s $3 million award was reduced by 15%. Samantha lost $450,000 for sharing liability in this case. Her final award after the shared liability deductions was valued at $2,550,000.

What to expect from the insurance company

Dealing with the insurance company is difficult for any car accident claim. However, partial blame car insurance negotiations can be notoriously complex. Since sharing fault is one of the top ways liable parties avoid financial responsibility, you can expect the same from the insurance company.

They may even make unfounded allegations that you are partially at fault for the accident. Your attorney will be responsible for renegotiating the settlement terms, ensuring liability is accurately evaluated, and protecting you from being taken advantage of by profit-driven insurers.

Get help from a Greenville car accident attorney today

Fighting back when you are accused of sharing the blame for your collision is crucial. Although South Carolina’s modified comparative fault laws will not always prohibit you from recovering compensation, your settlement could be dramatically reduced if you are partially at fault. It is critical to establish liability accurately in your case if you hope to protect yourself from these unjust allegations.

Your dedicated Greenville car accident lawyer at Smith Jordan Law will be here to ensure negligence is proven and inappropriately shared blame claims are refuted. Schedule a free, no-obligation consultation to protect yourself from the start. You can reach us through our quick contact form or by phone at (864) 343-2222 to get started on your case as soon as today.

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