After a car crash, determining who’s at fault isn’t always straightforward. Maybe you rolled through a stop sign or were driving a few miles over the speed limit, but the other driver’s actions are what caused the real damage. If this sounds familiar, you might be wondering whether you still have a valid personal injury claim. The good news is that South Carolina’s comparative negligence laws may still allow you to recover compensation, even if you do share some of the blame.
In this blog, the Greenville car accident lawyers at Armada Law explain how the percentage of fault is determined, how your expected settlement could be less based on your level of responsibility, and why having an experienced attorney is key to protecting your rights and helping you get the most money possible for your recovery.
How Are Fault Percentages Determined After a Crash?
Deciding who is responsible in a car crash – the liable or at-fault party – is usually determined by insurance companies after claims are filed. Insurance companies typically use police reports, drivers’ statements, eyewitness accounts, points of interest, and other evidence to make this decision.
Car accident liability impacts the total compensation for vehicle destruction, injuries, and other losses. Insurance companies base their payouts and coverage denials on who is determined to be at fault in the crash. This does not mean it is only one driver’s fault. Sometimes, more than one driver can share different degrees of responsibility in an accident.
As mentioned above, the police report and driver’s statements are key in determining fault after an accident. If you are looking for more information on a police report and what it includes, check out our blog on the topic to learn more.
Can You Still Recover Compensation if You’re Partly at Fault?
The short answer is yes. If you are found to be partially at fault in an accident, you still might be able to get compensation. However, the amount you can receive may depend on what percentage of the fault you are responsible for.
Even if you are only partly responsible, there are different types of compensation you could qualify for. A trusted lawyer, like our team at Armada Law, can review your case and help you figure this out. The types of compensation you can receive may include:
- Lost Wages: This covers past and future loss of income due to an inability to work or perform your job in the same capacity as before the accident.
- Medical Expenses: Compensation for past and future physical and mental injury treatments, including travel costs for medical care.
- Property Damage: Costs associated with repairing or replacing your vehicle, as well as other transportation costs paid for while your car was unusable.
- In-Home Services: Expenses for hiring individuals or services (e.g., a housekeeper) that became necessary due to your injury.
- Pain and Suffering: This includes physical pain and suffering resulting from the accident injuries, as well as emotional distress caused by the accident and the challenges of physical injuries.
- Disability: Compensation for temporary or permanent physical or intellectual disabilities.
- Scarring: Damages for severe scarring that alters appearance, restricts movement, or impacts self-esteem.
Why Legal Representation Matters in Shared-Fault Cases
South Carolina is an at-fault state, meaning the driver who caused the accident is responsible for paying damages, including both property damages and injury-related costs. This law can make it more difficult to prove you weren’t entirely at fault, especially if you were responsible for the crash in a small way.
Our personal injury lawyers in Greenville know how to collect evidence, find witnesses, and build a strong case to show your percentage of fault in the accident. If you were partially to blame for a car accident in South Carolina, our attorneys can help you recover damages and return to your everyday life.
How Armada Law Protects Your Rights and Maximizes Recovery
Even if you share some of the blame for a car accident, you still deserve fair treatment and the chance to recover the compensation you deserve. At Armada Law, our Greenville car accident attorneys understand how insurance companies use fault percentages to lower payouts, and we know how to fight back. Our team will gather evidence, negotiate aggressively, and make sure your level of responsibility doesn’t unfairly reduce your settlement.
If you’ve been injured in a crash and aren’t sure where you stand, contact Armada Law today for a free consultation. Let our team protect your rights and help you move forward with confidence.
