Rule violations and negligence often contribute to motor vehicle collisions. Police officers responding to collisions and insurance companies responding to claims often have to determine who is at fault. They generally choose one person to blame, but the situation could be more complex than that.
In many cases, everyone involved in the incident could have a degree of responsibility for what occurred. Motorists may worry that they may not be eligible for compensation if insurance isn’t enough to cover their losses. Drivers dealing with medical bills, damage to their property and lost income because of a car crash may need to file a lawsuit to fully recover those losses. However, they may question whether small mistakes could affect their rights.
South Carolina has a modified comparative negligence rule that governs complex collision compensation claims. How does comparative negligence impact the compensation that people receive after crashes?
The courts allocate percentages of fault
If one person involved in a crash files a lawsuit against another party, the defendant may try to blame the plaintiff for the collision. If they assert that the plaintiff seeking compensation was partially to blame for the crash, the burden of proof is on them to prove that claim.
If they have evidence that the plaintiff contributed to the crash through rule violations or negligence, the courts can determine how much fault each party has for the situation. They express that degree of fault as a percentage. So long as the plaintiff is less than 50% at fault for the collision, they may still have the right to take legal action.
What they receive from a successful lawsuit may be less than it would be in a scenario where they bore no responsibility for the incident. The courts reduce the final compensation awarded based on the percentage of fault assigned to the plaintiff.
It is possible for those who made minor errors in traffic to hold other drivers accountable for collisions. They can file insurance claims and personal injury lawsuits if litigation is necessary to recoup their expenses. In some cases, they may even be able to push back against claims that they were partially to blame for the incident.
Discussing the circumstances surrounding a recent car crash with a skilled legal team can help people determine if they have grounds for litigation. With the right assistance, even those who make small mistakes can often seek justice in the civil courts.