Comparative Negligence and Other Challenges Involved in a Car Accident Claim in South Carolina

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South Carolina is a state known for its stunning beaches and vibrant cities. It is a state where life moves at a fast pace. With a mix of urban centers and popular tourist destinations, it is not a surprise that South Carolina also experiences a high volume of car accidents each year.

When such accidents occur, South Carolina car accident lawyers are essential in guiding the victims through the legal process. Car accident claims have more challenges, like comparative negligence and others. In this blog, we will discuss the main challenge, comparative negligence and other challenges involved in a car accident claim in South Carolina.

Comparative Negligence

One of the most significant challenges in any car accident claim is the state's comparative negligence law. The law states that a person who suffered an injury has a right to compensation but with a specific deduction based on their fault level in the accident.

South Carolina follows a "modified comparative negligence" rule, which means that if you are 50% or less at fault for the accident, you can still recover damages. However, your compensation will be reduced accordingly. For example, if a court awards you $100,000 in damages but deems you 20% at fault, it will reduce your total recovery to $80,000.

This system can be both an advantage and a challenge. On the one hand, it allows accident victims to claim compensation even if they are partially responsible. On the other hand, it requires a thorough investigation of the accident's circumstances, as both parties (or more) will attempt to prove the other is at fault.

Other Challenges in Car Accident Claims in South Carolina

While comparative negligence stands out as a primary challenge in car accident claims, there are other hurdles in such claims that may complicate the legal process.  Some of them include:

Proving Fault in a Car Accident

In many cases, the responsibility for an accident may be obvious, but determining liability can be tricky when multiple vehicles are involved. So, it is crucial to gather more evidence like the following to prove fault:

• Eyewitness Testimony: Independent witnesses who may have seen the accident can help establish who was at fault.
• Accident Scene Photos: Take pictures of the vehicles, road conditions, traffic signals, and other important details. You can use these as evidence to back up your claim.
• Traffic Camera Footage: If the accident happened in a place with cameras, video footage may provide critical information about what happened before the accident.

Insurance Companies and Lowball Settlements

After an accident, the insurance companies may contact you to offer you a settlement. While they seem helpful, they aim to reduce the payout. The first settlement offer may be much less than you deserve. Car accidents result in more than just physical damage to vehicles. 

There can also be emotional distress, lost wages, and long-term medical needs. So, work with a car accident lawyer to understand the full scope of your damages. If negotiations cannot reach a fair settlement, a lawyer can take the case to trial to secure the proper compensation.

Pre-Existing Injuries and Aggravation of Conditions

If a victim already has a pre-existing medical condition or injury, proving that the car accident aggravated that condition can be a challenge. For example, suppose you had a prior back injury. 

In that case, insurance companies may argue that the accident did not cause your current back problems but that they are a continuation of your previous condition. It is essential to provide clear medical records and expert testimony to link the aggravation of the injury directly to the accident.

Governmental Immunity

You might face more complexity in your car accident claim if it involves a government vehicle or an employee of the government, as such accidents often involve sovereign immunity laws, which restrict suits against the government and its employees. There are specific procedures and more stringent timelines for filing a claim against a government entity, so it is crucial to consult with an attorney as soon as possible.

Conclusion

Car accident claims in South Carolina involve more than determining who is at fault. Understanding the complexities of comparative negligence, dealing with insurance companies, managing pre-existing injuries, and overcoming legal hurdles are all part of the process. 

Working with skilled car accident lawyers can help you navigate these challenges and ensure you receive the compensation you deserve. Whether facing a minor injury or a more serious collision, having the right legal representation is key to achieving a favorable outcome and recovering the full damages.