Even the very best drivers occasionally make mistakes. A simple error behind the wheel, such as being momentarily distracted, going several miles per hour over the speed limit, or drifting into the other lane can go unnoticed, or it could cost you a traffic ticket. In a worst case scenario, it could end up resulting in a car accident involving serious injuries or extensive property damages. If you are involved in a car accident in which you think you are partly to blame, it is important to understand how South Carolina law views these situations. Committing an error behind the wheel or being partly responsible for a car accident does not necessarily mean that you are solely responsible for the accident or that the other driver is off the hook.
Determining Blame in a Car Accident
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Under the South Carolina Contribution Among Tortfeasors Act, a person who is partly responsible for an accident may still be able to receive compensation for injuries caused by the accident, provided that their portion of blame is less than 50 percent. Under Section 15-38-15 of the South Carolina Code of Laws, partial responsibility for a car accident can be spread among several drivers. This law can apply in the following scenarios:
- You and another driver get in an accident in which you were both at fault. If the other driver’s share of the blame is 50 percent or greater, you can still receive compensation for your injuries. The amount of compensation would simply be reduced by your portion of blame.
- You and another driver are responsible for an accident that causes injuries or damages to a third driver involved in the accident. If you and the other at fault driver were each considered to be 50 percent to blame for the accident, the cost of paying damages to driver number three would be evenly split between you both. If the other driver was found to be 75 to blame for the accident causing injuries to driver number three, your share of the damages would be only 25 percent.
In an accident involving another driver where your share of the blame is greater than 50 percent, you would not be entitled to damages. Additionally, in an accident in which you were found to have been under the influence of alcohol or drugs, or your conduct in causing the accident was considered reckless or negligent, you would be unable to collect for damages, regardless of the percent in which you were to blame.
Sued by the Other Driver?
In the event that are in an accident with another driver who files a lawsuit against you for damages, you have the right to an attorney. As governed by the South Carolina Department of Insurance, your automobile liability insurance covers the cost of an attorney to represent you in court regarding the accident. Of course, the best way to protect yourself if you have been involved in a car accident is to consult with an experienced personal injury attorney immediately after your accident and prior to making any kinds of statements to your insurance company or the other driver. Determining blame for a car wreck can be confusing, with multiple factors that must be considered. Shouldering any percentage of blame in the aftermath of an accident is a bad idea, one which can end up hurting you in the long run.
Contact an Experienced Personal Injury Attorney Today
If you or a loved one is injured in a car accident, contact an experienced South Carolina personal injury attorney right away. At Lauren Taylor Law, we provide aggressive legal representation to ensure you get the compensation you deserve for your injuries and property damages. We hold responsible parties accountable, and fight to make sure your rights are protected. Serving all of upstate South Carolina, call Lauren Taylor Law today at (864) 326-2888.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.