In South Carolina, we have comparative negligence, which, unlike contributory negligence, attempts to provide you with compensation for damages even if you were partially at fault in an auto accident. So, if you are involved in a car accident and both you and the other driver are at fault, you may still receive some compensation for damage and injuries.
A comparative negligence car accident claim requires you to show that the other driver was more than 50% liable for the car accident. If it is determined that the other driver is more liable than you for the car accident, then they, or their insurance company, will be required to compensate you for that percentage of liability.
This means that if your claim against the other driver is for $20,000, and through comparative negligence it is determined that they were 60% liable for the car accident, you would receive $12,000 in compensation.
Although the amount received may be less than the original claim amount, it is far better to receive some compensation for your car accident than bear the full cost of the car accident.
A comparative negligence claim can be difficult to handle alone. Often times, comparative negligence claims involve investigating all factors in the car accident, including weather conditions, road hazards, other drivers, other vehicles, witness statements, and police records.
An experienced car accident lawyer will be able to assist you with your comparative negligence car accident claim and be sure that no fact is omitted. The car accident lawyers at the Law Offices of Michael A. DeMayo, L.L.P. ® are experienced in all aspects of car accidents and car accident claims.