Who’s At Fault Helps Establish Negligence
Who’s at fault in an auto accident has a bearing on how much compensation a victim can recover. After an auto accident, you will need to determine who the at-fault driver is. The at-fault driver is the party whose behavior or negligence caused the accident, and is the person who will be held financially responsible for the damages that were incurred by others. Negligence is defined as the failure of a person to act as they should, resulting in avoidable and foreseeable harm to the victim of this failure to behave as required for safety.
Different states address negligence in different ways, which has an impact on the amount of damages that the victim of an auto accident can receive. South Carolina follows the comparative negligence system, which means that your damages will be modified by your percentage of fault in the accident. As long as you are less than 50% at fault, you can collect damages, adjusted to account for your own percentage of negligence. For example, if your damages were valued at $10,000, but you are determined to be 20% at fault for the accident, then you can recover 80% of your damages ($8,000).