Comparative Negligence in Car Accidents: Protecting Your Recovery in Lancaster, SC

The Reality of Shared Fault in Lancaster

A car crash happens fast. One minute a person is driving down Highway 521 or passing the Lancaster Historic District, and the next minute there is a loud noise and broken glass. Many times, it feels clear who caused the wreck. You might know the other driver was speeding or looking at a phone. But then the insurance company calls. They say you are also to blame for the accident.

This news makes many people feel scared. Victims often think that if they made any mistake at all, they get zero money. They think their case is over before it starts. This is a big mistake. Being part of the cause does not mean you lose everything.

South Carolina uses a system called “Modified Comparative Negligence.” This is a fancy way of saying that the law looks at everyone’s mistakes. You can still get money for your medical bills and car repairs even if you were a little bit wrong. Your final check will just be smaller. The Law Offices of Wilkerson Jones and Wilkerson help people understand these rules every day.

Under South Carolina’s “51% Rule,” a person can get money for damages as long as their fault is not more than the other person’s fault. This means your fault must be 50% or less. The total money you get is then lowered by your own percentage of fault.

Understanding South Carolina’s 51% Rule

South Carolina law has a specific line in the sand. This is the 51% rule. It is the rule for modified comparative negligence. If a jury in Lancaster County thinks you are 51% or more to blame, you get no money. The law bars you from recovery.

This rule is why the exact percentage matters so much. If you are 50% at fault, you can get half of your money. If you are 51% at fault, you get nothing. It is a very small difference that changes everything. The Law Offices of Wilkerson Jones and Wilkerson see how insurance companies try to push that number up just to avoid paying.

Think about the math of a car accident. If a person has $100,000 in total damages from a wreck near the Red Rose Village, the jury looks at the facts. If the person failed to use a turn signal, but the other driver was going way too fast and hit them, the jury might say the person is 20% at fault. In this case, the $100,000 is reduced by 20%. The person would receive $80,000.

How Fault is Assigned in Lancaster, SC Accidents

Assigning fault is not a simple guess. It is based on what happened on the road. After a crash, the Lancaster Police Department or the South Carolina Highway Patrol will come to the scene. They write reports. These reports are the first step in looking at fault.

There are many ways two people can share the blame. Here are some common ways this happens in Lancaster:

• Speeding vs. Illegal Left Turns: One driver turns left when they should not, but the other driver was speeding so fast they could not stop in time.
• Distracted Driving vs. Following Too Closely: A driver is looking at a text and stops suddenly. The driver behind them is following too close and hits them. Both made a bad choice.
• Mechanical Failures vs. Rear-end Collisions: A car has a broken tail light that does not work. Another car hits them from behind. The driver behind should have seen them, but the broken light made it harder.

Insurance adjusters are not your friends. Their job is to keep money for the insurance company. They look for any reason to say you were wrong. They might say you were 30% at fault when you were really only 5% at fault. They do this because it saves them thousands of dollars. The Law Offices of Wilkerson Jones and Wilkerson have worked for over Many years to stop this from happening to local families.

Navigating Lancaster County Courts

If an agreement cannot be reached with the insurance company, a lawsuit might be filed. This happens at the Lancaster County Courthouse. The rules for the 6th Judicial Circuit of South Carolina apply here.

Local knowledge is very important in these cases. Juries in Lancaster County are made of local people. These people know the intersections and the roads. They have opinions on how people should drive in rural areas versus more busy parts of town. A lawyer who knows the local court system understands how to talk to these juries.

Connecting the facts of your crash to the local area helps a case. If a wreck happened near the local hospital or a busy school, the jury understands the traffic there. The Law Offices of Wilkerson Jones and Wilkerson know this area well. They have seen how the law works in our specific corner of South Carolina.

Strategic Steps to Protect Your Recovery

After a car accident, you must act fast. What you do in the first few hours can change your percentage of fault later. If you are hurt, you should call for help. If you can, take pictures of the cars and the road. Take pictures of landmarks like the Springs House or local street signs so people know exactly where it happened.

One big danger is the recorded statement. Insurance adjusters will call and ask to record you. They sound nice. But they are looking for “traps.” They want you to say you were sorry or that you didn’t see the other car until the last second. They will use these words to argue that you are mostly at fault. It is usually best to talk to a professional before giving any statements.

Getting help from someone who knows the law is a good idea. An investigation can find proof that the other driver was the one truly at fault. This might include finding video from a nearby store or talking to people who saw the crash. Shifting the fault percentage by even 10% can mean a lot more money for your family. The Law Offices of Wilkerson Jones and Wilkerson work hard to find this proof.

Don’t Let Shared Fault Stop Your Claim

The Law Offices of Wilkerson Jones and Wilkerson want people to know the truth. Just because you made a small mistake does not mean the law is against you. You still have rights in South Carolina. Justice is still possible even if you are partially to blame for the accident.

If you had a crash in Lancaster, Heath Springs, or Kershaw, you should get a check on your case. Every accident has different facts. The way the math works is the most important part of your recovery. You want the fault percentage to be as low as it can be.

You should reach out to learn about our legal team to see how they can help. If you are suffering from a serious bodily injury, getting the right advice is key. You can send a message to us to ask about your specific wreck. People who were in collisions involving vehicles need to know where they stand under the 51% rule.car 

Your future depends on making sure the fault is fair. Do not let an insurance company tell you that you get nothing without checking the law first. The Law Offices of Wilkerson Jones and Wilkerson are here to help Lancaster neighbors get the money they need to move forward.

FAQs

What if the uninsured driver has a job but no money in the bank?

 If a driver has a good job, a judge might take some of their pay every month. This is called garnishment. But this is very hard to do in South Carolina. Most of the time, using your own UM insurance is much faster and easier for everyone involved.

Can I get help if I was walking and got hit by an uninsured car?

 Yes. In many cases, your own car insurance policy will cover you even if you were walking. This is a special part of the law that many people do not know. It is worth checking your policy to see if you are safe.

Is there a deductible for an uninsured motorist claim?

Yes, there is often a small cost you must pay first. In South Carolina, the law usually sets this at two hundred dollars for property damage. This is much less than the cost of a whole new car. It is a small price for a lot of help.

What if I was a passenger in a car that got hit? 

If you were a passenger, you might be covered by the driver’s insurance. You might also be covered by your own insurance at home. A lawyer can help you find out which policy will pay for your doctor bills. You have many options.

How long do I have to file a UM claim in Rock Hill?

One driver usually has three years to file a lawsuit in South Carolina. But insurance policies often have their own rules. They might want you to tell them about the crash in just a few days. It is best to act as fast as you can to stay safe.

Free case review: Call us or send a message to start a confidential consultation today.