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South Carolina Car Accident Q&A: If Both Parties Are At Fault

South Carolina Car Accident Q&A: If Both Parties Are At Fault

| May 2, 2013

South Carolina law enforcement typically assigns fault to drivers involved in auto accidents . And insurance companies usually pay out claims based on that assignment of fault.

If the other driver is at fault, you can typically recover medical expenses and other damages, including lost wages, pain and suffering and sometimes even punitive damages. But if both drivers are assigned fault it can be trickier. You can still recover damages If law enforcement assigns you a smaller percentage of fault than the other driver - 40 percent, for example - the other driver can still be held responsible for your medical bills, lost wages and other damages. As long as you are less than 50 percent responsible for the crash, you  may seek damages from the other driver. If you split responsibility If you were assigned a full 50 percent of the fault in a South Carolina auto accident, your options will be limited. Law enforcement has declared that the other driver is no more culpable than you are for what happened, which means it will be hard to convince a jury that the other party should pay for your damages. Fighting law enforcement If you were assigned 50 percent or more of the fault in a South Carolina car accident and you feel strongly law enforcement was wrong, you can choose to fight and try to prove you were not at fault in the crash and the other driver owes you damages. However, those are very hard cases to prove and you might have trouble finding a South Carolina auto accident attorney who will take your case, especially on a contingency. However, it is always a good idea to talk to an attorney. If you choose to get a free consultation on your case, make sure you mention that you were assigned a portion of fault. If you have any questions about your rights and options after a car crash, contact the experienced South Carolina auto accident attorneys at George Sink Injury Lawyers. We have offices throughout the state and offer a free consultation.
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