Greenville Partial Fault Car Accident Lawyers

Fault is rarely black in white in the aftermath of a car accident. In many cases, multiple parties may each share a degree of fault. Determining fault in a car accident involves gray areas that can make it difficult for victims to seek fair compensation for their injuries.

The Melonakos Law Firm can explain how liability works when multiple parties are at fault and what you can expect if you were partially at fault in an accident. In most cases even if you share part of the blame, you can still seek compensation for losses you suffered, so do not despair. Additionally, factors may have been at play that you weren’t even aware of. An experienced accident attorney can help you get a better sense of your legal options.

What Happens When More Than One Party Is At Fault in an Accident?

Each state has laws that outline what happens when one party causes harm to another party. State-specific joint and several liability laws also describe what happens when more than one party shares liability for the same incident.

If parties are jointly liable, it means they are each individually responsible for the full amount of any compensation owed to the victim. If parties are severally liable, it means they are each responsible only for their own respective portion of the victim’s compensation. If parties are jointly and severally liable, victims can file claims against any at-fault party, after which it becomes the responsibility of all at-fault parties to sort out who owes what to the victim.

Joint and Several Liability in South Carolina:

South Carolina used to allow joint and several liability, much like North Carolina, but changed its laws in 2005. Since then, under § 15-38-10 of the South Carolina Code of Laws (S.C.C.L.), defendants who are less than 50 percent at fault may only be held severally liable for their own share of the victim’s damages.

If a defendant is found 50 percent or more at fault in South Carolina, the victim may be entitled to hold defendants jointly and severally liable. However, the law does specify that a settlement involving one defendant can decrease the liability of other defendants.

What Happens If I’m at Fault in a Car Accident?

Comparative negligence laws describe what happens when someone is partially at fault for an accident in which they were injured. There are three main types of comparative negligence systems.

In a pure comparative negligence system, injury victims can collect compensation from at-fault parties even if they were 99 percent at fault themselves. However, the amount of compensation available is typically reduced based on the percentage of fault. So, someone who suffered $100,000 in losses in an accident for which they were 99 percent at fault could receive $1,000 in compensation from the party who was 1 percent at fault.

A pure contributory negligence system, on the other hand, is effectively the opposite. Injury victims can only collect compensation from at-fault parties in pure contributory negligence systems if they are found to be completely blameless. In other words, victims are barred from collecting compensation if they are even 1 percent at fault.

South Carolina uses a modified comparative negligence system, which means that injury victims can still seek compensation even if they were partially at fault for the accident. However, the amount of compensation available may be reduced based on the percentage of fault. Additionally, victims are barred from seeking compensation if they are 51 percent or more at fault for the accident.

Here is a breakdown of how South Carolina’s modified comparative negligence system works:

• Under S.C.C.L. § 15-38-15, If the victim is less than 51 percent at fault, they can recover damages from the other party, reduced by their percentage of fault. For example, if a victim is 20 percent at fault, they can recover 80 percent of their damages from the other party.
• If the victim is 51 percent or more at fault, they are barred from recovering any damages from the other party.

South Carolina’s modified comparative negligence system is designed to ensure that victims of accidents are fairly compensated, even if they are partially at fault. It also discourages careless behavior by accident-prone individuals.

What to Do If You Are Involved in a Partial Fault Car Accident

If you were injured in a car accident for which you were partially at fault, you can take the following steps to protect your rights and your ability to claim compensation:

• Do not admit fault or apologize to other drivers or insurance representatives since your words could be misinterpreted as an admission of guilt.
• Avoid discussing the accident with others or posting anything on social media while your claim is pending, as any information you share could be used against you.
• Contact a knowledgeable car accident lawyer who can answer your questions, provide legal guidance, and begin investigating your claim.

How a Lawyer Can Help

If you attempt to negotiate a car accident claim on your own and could potentially have been partially at fault for the crash, the defendant could successfully argue that your liability exceeds allowable thresholds for recovery in your state and consequently avoid having to pay you anything in compensation. Even worse, the other driver could try to file a claim against you to recover compensation for their damages.

An at-fault car accident attorney can help you avoid this possibility and demand fair compensation by:

• Conducting an independent investigation into the accident
• Identifying all parties that contributed to the accident
• Communicating with other parties and insurance companies on your behalf
• Negotiating aggressively to maximize your settlement

Talk to our expert Greenville Partial Car Accident Attorney Today

Whether you have been injured in a car accident in Greenville, South Carolina, The Melonakos Law Firm can determine which laws apply to your case and evaluate the strength of your claim during a free consultation. Contact us today to tell us about your situation and let us know how we can help.