Almost certainly, the first concern in any Fort Mill accident is liability (fault). While most folks start with damages, we must deal with liability issues first. Therefore, it is important to know that South Carolina applies modified comparative negligence rules. So what exactly does modified comparative negligence mean?
Comparative Negligence Defense in Accident Cases
If rear ended, you bear no fault. Consequently, you can recover your full damages. However, other accident scenarios are not always so clear. In most cases, both drivers share some degree of responsibility for the crash. To what degree is the issue. And that percentage affects your recovery under comparative negligence rules. So how does this work exactly? We’ll show you.
First of all, any percentages of fault are purely subjective. Perhaps even arbitrary. Rather, there is no mathematical formula or precision here. However, the percentage matters greatly as it determines what you collect in settlement or jury verdict. For example, if you are 25% at fault, you get 25% less recovery. Furthermore, you can be up to 50% at fault and still recover. But if greater than 50% at fault, you get nothing. That’s seems fair. After all, you are more at fault than the other party. Consequently, the accident would not have occurred but for your negligence. So you get nothing.
Contributory Negligence Defense in North Carolina
Because different States have different laws, it is important to distinguish how we handle accident claims. As you will see, South Carolina laws are much more fair in comparison to other States. In North Carolina, they still use contributory negligence as a complete bar to any recovery. Hence, no matter how serious an accident or resulting injury, contributory negligence means you get nothing. Consequently, the only ones who recover there are passengers, children , or those injured in rear end collisions.
That’s not right. But that is the law in North Carolina. Consequently, we first fight to have South Carolina principles apply whenever possible. So if a defendant is from another State, we ask the Court to use our substantive law. But, the accident must happen here. Otherwise, we have to apply the other State’s law. While this may seem confusing, try not to worry. After all, this is what we do. And we have helped many families just like yours.
Robert J. Reeves P.C.
We are local Fort Mill accident lawyers here in Baxter Village. Furthermore, our seasoned trial attorneys have diverse backgrounds. At our firm, we offer a former prosecutor, a former insurance defense lawyer, and a former Registered Nurse (RN). In addition, Fort Mill accident attorney Robert J. Reeves has practiced law for over 27 years. Since 1989, he has been a trial lawyer willing to fight for his clients. And now, he and his team stand ready to fight for you and your family. Furthermore, Mr. Reeves is a member of the Million Dollar Advocates Forum and National Trial Lawyers Top 100.
To learn more about your options, call our office to schedule a time to personally meet. And if you need more immediate help, call Mr. Reeves directly on his mobile phone 803-554-4157 or email firstname.lastname@example.org. Because time is often critical in accident cases, don’t delay. You’ll sleep better after you know what you are facing. And we will be there for you every step of the way. Call now.
*Membership in professional legal organizations shows our commitment to personal injury law. But every case is different. And case value depends on particular facts. After we have all of the facts, we will sit down and review your case in full.