What is comparative negligence and how does it apply to truck accidents?

Comparative negligence is a legal concept that applies when multiple parties are at fault for an accident. In South Carolina, when a person is partially at fault for an accident, their recovery for damages is reduced by an amount that is equal to the percentage of fault that the person holds. This can be applied to truck accidents, in which case the fault of both parties, the truck operator and the other driver, is taken into consideration when deciding damages. Comparative negligence is commonly used in trucking accident cases in South Carolina because of the size and complexity of these collisions. If both parties hold some degree of fault, the amount of damages each receives can be reduced to reflect this. For example, if a driver was more than 50% responsible for the accident, then they are barred from recovering damages from the other driver. However, if the driver was less than 50% responsible for the accident, then their total amount of damages would be reduced due to their own fault in the incident. Comparative negligence is an important tool for courts to use in determining damages in an accident, especially in trucking accident cases. It allows for a more equitable distribution of damages between parties and ensures that each party is held responsible for their actions. In South Carolina, it is important for individuals involved in a truck accident to understand how this concept can affect their case and the potential outcome.

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