How Is Fault Determined After a Car Accident?
In mathematics, there’s only one correct answer for any problem – for example, 1+1=2, and there’s no argument that can disprove that. But the law isn’t as rigid. The outcome of a particular case may vary, and that’s especially true when courts attempt to determine who is to blame for a car accident.
South Carolina follows what is known as “comparative negligence,” when assigning blame for a crash. That means that if you suffer losses or injuries in a crash and the court determines you were partially at fault for the accident, you are not prohibited from collecting compensation for your damages, as long as your share of fault was less than 51 percent.
South Carolina state law recognizes that very few accidents occur for one specific reason and that a plaintiff who has suffered serious injuries shouldn’t be penalized for sharing a minor degree of fault. In North Carolina and a few other states that still observe contributory negligence laws, plaintiffs found even slightly at fault for an accident are barred from collecting damages.
If you’ve been injured in an accident and think you may have been partially at fault, don’t let that stop you from getting help. With expert legal representation, you may still be entitled to compensation for your losses. Call us today to find out if you have a case: (803) 454-1200.
Multiple-Vehicle Accidents in South Carolina
Accidents involving multiple vehicles can become complicated legal matters, because several drivers may share some degree of blame for the crash. Police investigators might need weeks or months to sort out the reasons a crash occurred, and in the meantime, people injured in that crash may be struggling with mounting medical costs.
Multi-car crashes may also result in simultaneous lawsuits that arise on behalf of injured parties. For example, if three drivers are injured in a 10-vehicle crash, they may all be attempting to get the maximum compensation for their injuries. In such instances, plaintiffs sometimes consolidate their cases.
An example of how a consolidated claim might occur is a case from California, wherein a speeding truck crashed into a center divider after exiting a tunnel, and other cars crashed as they tried to avoid the wreckage. One crash caused a fire that spread through the tunnel to other vehicles. The crash resulted in dozens of property damage claims, five personal injury suits, and three wrongful death cases, all of which were consolidated into a single claim. The plaintiffs retained their individual lawyers, which resulted in a large legal team to handle the complex case.
Whether it’s a complex multi-vehicle case or a two-car collision, Louthian Law Firm excels at identifying the responsible parties and ensuring they’re held accountable. We also know how to maximize insurance settlements for our clients, so personal injury victims can get the medical care and support they need. These cases have a statute of limitations, so if you’ve been injured in a car accident, don’t wait to get help. Call us today to request your no-obligation consultation at 803-454-1200.
Future Medical Expenses
Unfortunately, some car crashes cause long-term debilitating injuries. Injury victims may require multiple surgeries and extensive hospitalization, rehabilitative care, and the need for a full-time caregiver or visiting nurse after returning home. They may also require the need for special transportation and adaptive equipment.
When severe injuries are the result of a car crash, the plaintiff’s attorney must take into consideration the lifetime costs of medical care. In a jury trial, jurors are able to broadly estimate what those lifetime costs might be, and they may arrive at an amount insufficient to cover future medical care.
Parents may lose income, because they’re attending to their injured child’s needs. And when a child suffers a disabling injury, the court may also be asked to consider the loss of any future income that child might have had before his or her injury.
Contact Us For Help With Partial Fault Accidents
In partial-fault accidents, the long-term consequences depend greatly on your attorney’s ability to prove other parties were more at fault than you were. If you need help with your car accident case, we want to hear from you. Fill out our online contact form, or call us today at (803) 454-1200.