It is somewhat common for plaintiffs and defendants in accident cases to share fault, at least to a certain extent. While this does not always prevent plaintiffs from suing for damages, it might affect how much compensation you can receive in a lawsuit.
If a plaintiff is believed to be partially responsible for the accident that caused their injuries, the court may apply the laws of comparative negligence or comparative fault. In short, the trier of fact, usually a judge or jury, will determine the percentage of fault attributable to each party involved in the accident. The plaintiff’s damages may then be reduced according to their share of fault. However, this rule may only be pushed so far before recovering damages becomes impossible.
Receive a free case assessment from our Columbia, SC personal injury lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
How Does South Carolina’s Comparative Fault Law Work?
It is pretty common for multiple parties to share blame for an accident, including plaintiffs in civil injury lawsuits. If this happens, the court may apply comparative negligence laws.
Modified Comparative Negligence
South Carolina follows a modified comparative negligence law. Essentially, if a plaintiff is determined to be somewhat responsible for the accident and their injuries, their overall damages may be reduced in proportion to their share of blame. Fault may be expressed as a percentage, so if you are 10% responsible, your overall damages may be reduced by 10%.
However, if a plaintiff is found to be more than 50% responsible for the accident, they may be barred from recovery.
How Fault is Apportioned
Comparative fault or negligence is determined by the trier of fact, usually the judge or jury. When comparative fault is determined, it is usually determined for all parties involved, not just the plaintiff. As such, the process can be complicated when multiple parties are involved.
Exactly how the trier of fact determines comparative fault depends on the arguments made by the defense.
Examples of Comparative Fault
A good example of comparative negligence is when a plaintiff in a car accident is also negligent. The other driver might have struck the plaintiff in a head-on collision, but if the plaintiff was speeding, the accident and the plaintiff’s injuries may have been exacerbated. The defendant could argue that the plaintiff is partially at fault because the plaintiff was speeding, even though the plaintiff did not directly cause the accident.
When Does Comparative Fault Come Into Play During a Personal Injury Case?
Comparative fault does not come up in every case, and it is not automatically raised by the court. Even so, you never know when it might arise, and it is prudent to be prepared.
Accusations from the Defendant
Typically, issues of comparative fault or negligence are raised by the defendant. When the plaintiff files their lawsuit, the defendant may believe they should not be held liable for everything alleged in the formal complaint. The defendant may assert that the plaintiff or a co-defendant bears greater responsibility for the accident.
Evidence
If the defendant raises the issue of comparative fault, they must have evidence to support it. The court will not automatically determine comparative negligence simply because the defendant raises the issue. If the defendant presents insufficient evidence to support their claims, the court may not even determine comparative fault.
How Can I Refute Accusations of Comparative Fault in South Carolina?
If the court decides that the defendant’s comparative fault arguments have merit and are worth considering, your attorney can help you fight these claims.
Counter-Evidence
Our South Carolina personal injury lawyers can present our own evidence to counter the defendant’s evidence. They might argue that you acted negligently during the accident and present some evidence they claim proves it. We may have our own evidence of your actions during the accident. Video footage of the accident, your testimony, and witness testimony can help us prove you did nothing to cause the accident.
Insufficient Evidence Against You
The defendant might present evidence that does not quite prove their claims. In that case, we might not need to present any evidence of our own to counter the defendant’s claims. The court might be persuaded to drop the issue if we can successfully argue that there is not enough evidence to prove comparative fault arguments.
Bad Faith Accusations
We might instead argue that the defendant’s claims are not made in good faith. Their claims of comparative fault may just be an attempt to avoid at least some liability and avoid paying compensation. Judges do not take kindly to claims made in bad faith.
FAQs About South Carolina’s Comparative Fault Laws
What is Comparative Fault in South Carolina?
Comparative fault or negligence refers to how courts may apportion fault for an accident between multiple parties, including the plaintiff. It is not unusual for plaintiffs to be partially to blame for accidents, but they may still be able to sue.
Can I Still Sue for Damages Under South Carolina’s Comparative Fault Laws?
Yes. Even if you are partially responsible for the accident for which you are seeking damages, you may still sue. However, if your share of the fault exceeds 50% of the total, you may be barred from recovery.
Who Decides Comparative Fault?
The trier of fact in your case may determine your share of fault for the accident. The trier of fact may be a judge in a bench trial or a jury in a typical jury trial.
How Does Someone Prove Comparative Fault Accusations?
If a defendant wants to argue comparative fault, they must have evidence to back up their claims. If they cannot show the court that enough evidence exists to suggest that comparative fault is an issue, the court might not even consider it.
Can I Challenge Accusations of Comparative Fault or Negligence?
You may present evidence of your own actions and behavior during the accident to show that you could not have done anything to cause or contribute to the accident. Alternatively, you may argue that the defendant does not have enough evidence to justify their claims.
How Can a Lawyer Help Me Fight Comparative Fault Claims?
Your attorney can review your case and determine whether comparative fault is likely to come up in your case. If they believe it will, they can plan to address this issue if and when it arises.
Seek Legal Help from Our South Carolina Personal Injury Attorneys
Receive a free case assessment from our South Carolina personal injury lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
