Can I still make a claim if I was partially at fault for an accident?

In South Carolina, you can still make a claim if you were partially at fault for an accident. The legal term for this is comparative negligence. It means that fault can still be assigned to the other driver even if you were partially at fault for the accident. Comparative negligence allows a plaintiff to receive a portion of the damages, depending on their degree of fault. The percentage of fault assigned to you will reduce the amount of damages you are able to receive. For example, if you are found to be 20% at fault, then 80% of the available damages will be awarded to you. It is important to note that in South Carolina, if you are found to be more than 50% at fault for the accident, then you will not be able to receive any damages. This is due to the fact that the primary cause of the accident was determined to be due to your own negligence. For this reason, it is important to consult a lawyer after an accident to make sure that all of your rights are protected. A lawyer can help you determine who is responsible for the accident and help you identify any potential evidence to prove your case. In addition, a lawyer can help you negotiate with the other driver’s insurance company to ensure that you receive all of the compensation that you are entitled to.

Related FAQs

What is a civil case?
What is the best way to prepare for a deposition?
What is a settlement offer?
What is an alternative dispute resolution?
What is the standard of proof in a personal injury case?
What is the burden of proof in a civil case?
Can I represent myself in a personal injury case?
What should I do if I am offered a settlement?
What is the Duty of Care in a Negligence Claim?
What is the difference between a lawsuit and an insurance claim?

Can I still make a claim if I was partially at fault for an accident?

Related FAQs

Related Blog Posts