Greenville Car Accident Attorneys
Motor Vehicle Accidents in Greenville County
Since 1990, Tom McGrath’s Motorcycle Law Group has been fighting tirelessly on behalf of injured motor vehicle accident victims. From our office in Greenville, our car accident lawyers represent those injured in all types of automobile collisions, including head-on, rear-end, side-impact, and rollover accidents. We also assist victims of hit-and-run accidents, as well as those involved in collisions with uninsured and underinsured motorists. No matter how complex your case may be, our team is here to help you seek the maximum compensation you are owed.
If you or someone you love was involved in a car accident, call Tom McGrath’s Motorcycle Law Group today at (803) 926-7501 for a free consultation with one of our attorneys.
Is South Carolina a No-Fault State?
South Carolina is not a no-fault state. States that follow no-fault systems require motorists to carry minimum amounts of personal injury protection (PIP) coverage. After an accident, injured individuals can file PIP claims and recover compensation for certain damages, such as medical bills, regardless of fault.
Because South Carolina follows a traditional fault-based (or “tort”) system, you must typically file a claim with the other party’s insurance provider to recover compensation for your damages. This involves proving that the other person or party was at fault for the accident.
The other person or party may be at fault for the accident, and therefore liable for your damages, if they were:
- Texting while driving
- Violating traffic laws
- Acting carelessly
- Driving aggressively or recklessly
- Engaged in road rage
You could also have a personal injury claim against a third party if other factors contributed to the accident. For example, if an auto defect, such as a faulty braking system, played a role in the crash that left you injured, you could have a product liability claim against the manufacturer.
How South Carolina’s Comparative Negligence Rule May Affect Your Case
South Carolina is one of many states to follow a comparative negligence rule in motor vehicle accidents involving shared fault. Shared fault refers to accidents in which two or more parties acted negligently or wrongfully, leading to the crash.
Under the rule of comparative negligence, an injured accident victim can file a claim for damages if they are found to have been partly at fault. Because South Carolina follows a rule of modified comparative negligence, you must prove that you were less at fault for the accident than the other person or party against whom you are bringing the claim. If you are found to be 50 percent or more to blame, you cannot file a claim or recover any compensation for your damages.
Additionally, even if you are less than 50 percent at fault, any degree of fault will affect the total amount you can recover. Your settlement or verdict will be reduced by the same percentage of fault you are found to have. So, for example, if you are found to be 30 percent to blame, you could only recover 70 percent of the total amount you are seeking in damages.