When you are involved in a car accident, one of the first and most critical questions is: who is at fault? In South Carolina, determining fault is crucial because it directly impacts your ability to recover compensation for damages. Unlike a no-fault state that follows a no-fault system, South Carolina is a fault-based system, meaning the driver who caused the accident is responsible for covering the losses of other involved parties. However, understanding exactly what qualifies as an “at-fault accident” can be complex.
This blog will guide you through what constitutes an at-fault accident in South Carolina, how fault is determined, and your legal options if you find yourself in such a situation.
Understanding At-Fault Accidents in South Carolina
In South Carolina, an at-fault accident occurs when a driver acts with driver negligence or recklessness, directly causing a crash. Negligence can involve a wide range of behaviors ,from running a traffic light to texting while driving.
To establish negligence, it must be proven that:
- The driver owed a duty of care to others on the road,
- The driver breached that standard of care,
- The breach caused the accident, and
- The accident resulted in bodily injury or vehicle damage.
If these elements are present, the driver becomes the fault party and can be held liable under South Carolina’s comparative negligence law.
Examples of At-Fault Accidents
Many common scenarios lead to someone being considered at fault:
- Rear-end collisions: The driver rear is often presumed at fault.
- Left-turn accidents: Making a left turn in front of oncoming traffic typically results in fault.
- Running a stop sign or red light: Clear violations of traffic laws.
- Distracted driving: Texting, eating, or adjusting a GPS device while driving.
- Driving under the influence: Elevated blood alcohol levels automatically establish negligence.
- Failure to yield: Ignoring a yield sign can cause serious auto accidents.
- Speeding: Increases crash severity and reduces driver reaction time.
Each of these behaviors demonstrates a breach of duty of care and can cause severe accident injuries to an injured party.
The Role of Comparative Negligence
South Carolina operates under a comparative negligence rule. Even if you were partially at fault, you can still recover damages ,as long as you are less than 51% at fault.
- If you are 20% responsible (percent at fault) for the accident and your total damages are $100,000, you would still receive $80,000.
- If your fault percentage is 51% or more, you lose the right to any compensation.
Thus, determining the correct percentage of fault is vital. Experienced accident lawyers or an experienced car accident attorney can help ensure you are not unfairly blamed.
How Fault is Determined in South Carolina
Fault is determined through a detailed investigation, which can include:
- Police reports prepared by law enforcement officers or a police officer on the scene.
- Insurance claims and investigations by insurance adjusters working for the insurance provider.
- Witness statements and statements from drivers.
- Traffic violations supported by citations.
- Assistance from accident reconstruction experts analyzing physical evidence, skid marks, and road conditions.
These resources collectively help determine who the fault motorist is.
Common Challenges in Fault Determination
Determining fault can become complicated due to:
- Conflicting stories from drivers.
- Lack of additional evidence or expert witnesses.
- Involvement of multiple vehicles creating partial faults.
- Bias from insurance companies aiming to lower insurance coverage payouts.
Therefore, it’s crucial to seek legal advice early in the process from personal injury lawyers or an accident attorney.
Why Fault Matters in South Carolina Car Accident Claims
Fault affects:
- Whether you can recover fair compensation or not.
- The amount of your award after considering percent responsible.
- Which insurance policy pays for your vehicle repairs, medical expenses, and financial losses.
In a fault-based system, the liability insurance of the fault party typically covers damages. If they have uninsured motorist coverage or underinsured motorist coverage, it becomes even more critical for accident victims.
Wrong accusations can impact your personal injury lawsuit or personal injury claim significantly, preventing prompt compensation.
Steps to Take After an Accident
If you are in an accident:
- Call 911 and request an accident report.
- Document road signs, weather conditions, and vehicle damage.
- Talk to witnesses.
- Seek medical treatment and maintain your medical records.
- Contact an experienced car accident lawyer from Ted Law Firm.
Potential Damages You May Recover
If you are less than 51% at fault, you may be eligible for:
- Medical expenses (past and future)
- Property damage
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium for spouses
- In some cases, punitive damages.
An accident lawsuit handled by a professional team like Ted Law Firm ensures you seek maximum compensation.
Conclusion
Understanding what constitutes an at-fault accident in South Carolina is crucial to protecting your rights and securing the fair compensation you deserve. Fault determination can influence every aspect of your insurance claims, insurance premiums, and your ability to recover damages.
At Ted Law Firm, we provide aggressive representation for accident victims. Whether you are dealing with a negligent driver, uninsured drivers, or a tough legal battle with insurance companies, we are ready to help you.
We proudly represent injured moped riders and their families in Aiken, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta, advocating for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
