Being involved in an accident can be a traumatic experience and being found partially at fault for an accident can be particularly frustrating. Liability issues can have a significant impact on the outcome of a personal injury case, and it is essential to seek the assistance of a personal injury attorney seasoned in negotiating split liability cases.
If you have been injured in a car accident and have been found partially at fault, contact our experienced Charleston car accident attorneys at Query Sautter & Associates to learn more about your legal options.
Understanding Liability and Comparative Negligence
Liability refers to legal responsibility for an accident. In a motor vehicle accident, liability is typically determined based on the actions and behavior of each driver involved. If one driver’s actions are found to be the primary cause of the accident, they may be held liable for damages suffered by the other parties involved.
When both parties share responsibility for an accident, comparative negligence comes into play. This legal principle allows for the allocation of fault among all parties involved in the accident, and the compensation each party receives will be adjusted accordingly based on their percentage of blame.
How Comparative Negligence Impacts Compensation
If you are found partially at fault for a car accident, you may still be entitled to recover compensation for your damages as long as your percentage of blame does not exceed 51%. According to the South Carolina legislature, if you are 51% or more at fault for an accident, you are prohibited from recovering compensation. If you are 50% or less at fault, you can still recover your damages at a reduced rate.
In comparative negligence cases, the involved parties will negotiate the percentage of fault. Insurance companies and, if necessary, courts will assess various facts of the incident, including witness statements, police reports, photographs, and expert witness opinions. These negotiations can be contentious and complex; it is crucial to gather as much evidence as possible to demonstrate that your actions were not the primary cause of the accident.
South Carolina follows modified comparative negligence rules. Therefore, if you are assigned 20% of the fault for an incident, the amount of compensation you are rewarded will be reduced by 20%. Negotiating the lowest possible percentage of blame for our clients is of paramount importance to ensure they can seek optimal compensation for their damages.
How Our Car Charleston Accident Attorneys Can Help
If you have been involved in a car accident and have been found partially at fault, our dedicated car accident attorneys can help. At Query Sautter & Associates, our experienced attorneys know how to gather the evidence needed to build a strong case for our clients.
We understand that in cases with disputed liability, it is especially important to fiercely advocate for our clients to reach a favorable liability agreement. We work tirelessly to ensure you receive the compensation you deserve, even if you are found to be partially at fault.
Contact Query Sautter & Associates, LLC today to schedule a free case evaluation.