Traffic mishaps are rampant in the streets of the Charleston and the end-result most often tends to be severe personal and material losses, not to mention the ensuing litigation processes. However, in deciding who is liable for an accident, South Carolina operates under something referred to as the ‘comparative fault’ law standard; this plays a massive role in tweaking the car accident claim process especially in circumstances where both parties are partially to blame. For anyone who has been involved in a car accident in Charleston it is important to learn how the comparative fault principle works.
What is Comparative Fault?
Comparative fault, also called comparative negligence is a legal principle that allocates responsibility of an incident between the involved parties. The courts in Charleston as it is in the rest of south Carolina operates under a modified comparative fault. What this means is that where the claimant is injured he can claim for damages even if he contributed to the occurrence of the event that resulted in the injury in equal or lesser proportion to the defendant as long as it is less than 50%. However the amount that they are awarded is reduced by the amount of percentage of blame that is attributed to them.
For instance, if a person is awarded $100,000 of damages but is 30% responsible for a car accident, then their compensation is to be reduced to 70% which will be $70,000. If your fault % is more than 50/100 then your claims would be struck off and you cannot seek damages any more.
How Comparative Fault is Determined
Comparative negligence in Charleston car accident claims is somewhat a determination that involves analysis of the incident. Law enforcement, insurance companies, and sometimes the courts analyze various factors, including:Law enforcement, insurance companies, and sometimes the courts analyze various factors, including:
- Traffic Laws Violations: did any of the participants run through a red light, go over the speed limit or violate any other regulation.
- Distracted Driving: Were any of the drivers and or passengers who were involved in the accident texting, talking on the phone or otherwise been distracted?
- Impairment: Were there issues concerning alcohol or drug use?
- Weather Conditions: Was weather a problem, and if yes how did both the drivers handle it?
- All these aspects can weigh into the determination of who is at fault and it is not unheard of for both the parties to be at least partially at fault.
Each of these factors can influence the assignment of fault, and it’s not uncommon for both parties to be found partially responsible.
The Role of an Experienced Attorney
Due to the elements of comparative fault it is therefore important to seek the services of a Charleston Motorcycle Accident Lawyer. Such cases are complex and thus require the services of experienced lawyers like Mark S. Weeks and Stephen S. Swedler of MDSW Legal. It has come out clearly that they are always able to negotiate and have their clients get the best outcomes irrespective of any case that has a split fault. This knowledge of the law makes them capable of maneuvering for arguments that will favor the south Carolina’s so called modified comparative fault rules so as to ensure that their clients gets the highest amount of compensation as deemed fit.
Real-World Example: Securing Justice Through Strategy
One of the cases probably dealt with by the team from MDSW Legal involved one of the clients who was involved in a very serious accident in which both drivers were to blame to an extent. At first, the insurance organisation proposed a compensation that only includes medical costs since most of the blame belonged to the client. However, legal staff of MDSW with detailed investigation and excellent negotiation skills were able to prove to the court that the other party deserved higher level of blame than what had been found out. This led to a substantial improvement of the settlement offer that helped the client get requisite financial to help him/her reovering.
This case therefore underscores the need of having a lawyer who particularly understands the legal system better in comparative fault. Without such attorneys like Charleston Car Accident Lawyer the client would have possibly set for a lower amount of settlement not knowing they deserved more.
Why Comparative Fault Matters
It is very important to have knowledge in comparative fault because it determines the amount you can be awarded. If you are partly to blame for the occurrence, your award will be cut down. This can prove very expensive if your hospital and other expenses are high, and therefore it can be disadvantageous to take such a plan. Knowing this, it’s essential to take the right steps immediately following an accident:Knowing this, it’s essential to take the right steps immediately following an accident:
- Document Everything: Take photos, gather witness statements, and obtain a copy of the police report. The more evidence you have, the better your Charleston Pedestrian Accident Lawyer can argue your case.
- Seek Medical Attention: Even if you feel fine, it’s essential to get checked by a medical professional. Some injuries, like whiplash, may not show symptoms immediately.
- Contact an Attorney: The sooner you get legal representation, the better. An attorney can guide you through the process, protect your rights, and ensure you receive fair compensation.
Conclusion
If you have been involved in a car accident in Charleston, managing to follow through the legal procedures especially the comparative fault can be very cumbersome. In any case it is advised that you get quality legal assistance in order to see that the fault is fairly rightfully placed and you get the compensation that is due to you. The people at MDSW Legal verified that they know South Carolina’s comparative fault laws well as a team of experienced attorneys that includes Mark S. Weeks and Stephen S. Swedler.
