The simple answer is no; South Carolina is not a no-fault state. In some states, no-fault laws consider both parties responsible for their own damages through their insurance policies. South Carolina does not follow this system, which is good news for victims who are suffering because of another driver’s negligence.
In The Palmetto State, a car accident victim can collect damages through their own insurance policy, the responsible party’s insurance coverage, and a personal injury claim. Seeking counsel from an experienced personal injury lawyer is one of the best ways to understand your legal options and make the right decision for your situation. Call our legal team today to discuss the details of your unique situation in a free consultation. You can reach us at 864-633-3739.
How is Liability Determined in a South Carolina Accident?
Determining liability in a car accident is incredibly important. However, car accidents are not always as straightforward as they may seem. Many different factors can contribute to a crash, including:
- Driver negligence
- Driver fatigue
- Failure to obey traffic signals
- Excessive speeding
- Objects in the road
- Sudden lane change
- Poor weather conditions
Filing a police report is an excellent way to ensure that the truth will come forward during any legal proceedings. Your attorney can help gather evidence that you were not at fault for your injuries, including police reports, surveillance footage, photos of the accident, and eyewitness testimonies.
What Compensation Can I Recover for My Injuries?
Compensation is awarded in South Carolina according to the amount of fault each individual carries. For example, once a judge has reviewed the case, he may assign 70% of the responsibility to one party and 30% to another party. You then receive compensation for damages according to the percent of fault you receive. In the above case, the person with 30% fault would be awarded 70% of the total damages, while the other party would receive nothing.
Some damages that may be covered in a successful car accident lawsuit include the following:
- Bills for doctor’s visits
- Hospital charges
- Ambulance fees
- Surgical procedures
- Rehabilitation and physical therapy
- Time lost at work
- Lost vacation and bonuses
- Reduced income-earning ability
- Emotional trauma
- Catastrophic injury
- Loss of consortium
- Wrongful death
- Punitive charges
What Should I Do if I’m in a Car Accident in South Carolina?
If you have experienced a car accident in South Carolina, your first priority must be getting out of the traffic flow and seeking medical attention. You should also inform law enforcement officials about the accident so they can file a police report. You must also exchange information with the other driver, including insurance information. Finally, you could start gathering evidence by taking photos of the crash and getting the contact information of eyewitnesses.
After you are safe and have received medical treatment for your injuries, you should contact a trusted legal representative. Please cooperate with your lawyer by providing honest answers and quickly submitting any documentation your legal team requires. Your attorney will take your side against insurers who make lowball offers. They can also represent you in court if you decide to bring a suit against the at-fault party.
Should You Hire Our Car Accident Attorneys?
Hiring a law firm to defend you when you are the victim of another person’s negligence is a big decision. You need attorneys who negotiate powerfully with insurance companies and are confident when representing you in court. You also deserve someone who will be honest with you and keep you informed at every step of the legal process.
At our law firm, we proudly represent victims who are suffering because of another driver’s negligence or wrongdoing. We stop at nothing when investigating the accident so we can uncover the truth about what happened. We will listen carefully to your concerns and answer your questions in a way that you can understand so you can make the best decisions for your case.
Many accident victims feel alone and confused about what to do. However, you don’t need to feel this way. You can reach out to our skilled legal team and let us handle the complex legal process of pursuing compensation so you can rest and recover from your injuries. Call 864-633-3739 today for a free case evaluation and to discuss your unique circumstances with our caring, compassionate legal team.