What to Do if You Were Partially at Fault for an Accident
Wrecks happen so quickly that it can be impossible to determine who is to blame. Admitting responsibility can not only impact the recovery after an accident but can also completely prevent a recovery.
South Carolina follows a comparative negligence system, meaning you may still be entitled to monetary damages—even if you share some responsibility. Call Whetstone Perkins & Fulda today to discuss your case with a seasoned personal injury attorney.
Understanding Fault and Negligence
Financial responsibility for an accident is based on factual liability, also known as negligence. To prove negligence, you must show four things:
- A duty of care
- The breach of that duty
- The breach led to an injury
- The injury led to damages
While the majority of damages are economic, a person does not have to suffer financial losses to collect compensation. They do not even have to experience the majority of the financial damages.
South Carolina’s modified comparative negligence rule allows you to recover damages—even if you were partially responsible—as long as you were not more than 50 percent to blame. However, the damages are proportionate with fault, so the award is reduced by a person’s share of the blame.
Insurance companies may try to take advantage of this part of the law and place more blame on injured parties to minimize their payouts. Working with Whetstone Perkins & Fulda could help protect your rights and ensure you receive the compensation you deserve.
Steps to Take If You May Be Partially at Fault
The most essential thing to remember is that even if you think you may be at fault in an accident, you may not be fully at fault. Accidents happen so quickly and cause so much confusion that the people in the wreck may not even realize what happened.
You should not admit fault at the scene. Even admitting a share of the fault can be misconstrued as taking all of the responsibility. You can still check on everyone else involved in the accident, ensure people are safe, and get appropriate medical care for anyone who needs it.
You can begin collecting evidence after checking on people at the scene and getting help for anyone who needs it. Take photos and videos of the accident scene, vehicle damage, and hazards like roadway defects.
Some things may not seem like evidence. For example, you should get the contact information for any potential witnesses. They may not have helpful information at the scene, but they may be able to provide information to your lawyers. In addition, you will want to get a copy of the police report.
You should receive medical care—even if your injuries do not seem severe. Some injuries take time to appear, and medical records documenting your condition are essential when pursuing compensation. Delaying treatment can give insurance companies a reason to question your injuries and undermine your claim. You can also use your medical records to establish that injuries were linked to the wreck and to prove their existence.
Building a Strong Case in a Partial Fault Accident
A thorough investigation is key to determining the true extent of responsibility. The legal team at Whetstone Perkins & Fulda could examine all aspects of an accident, including the following:
- Driver negligence
- Hazardous roadway conditions
- Defective vehicle parts
- Medical provider errors
By working with experts and gathering compelling evidence, we aim to show that your share of fault is minimal, ensuring you receive the compensation you need to recover.
Potential Compensation
Even if you were partially at fault, you may still be able to recover damages for economic and non-economic damages, including the following:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of future earning capacity
Insurance companies will often try to downplay the extent of your losses. When they combine that with trying to increase your share of liability, it can dramatically decrease the value of your settlement. Understanding these tactics can help people protect themselves after an accident.
Contact Whetstone Perkins & Fulda Today
If you are uncertain about your legal options, the best thing you can do is speak with an experienced attorney as soon as possible. The sooner we start working on your case, the stronger your position will be.
Get in touch with Whetstone Perkins & Fulda today for a complimentary consultation. Let our seasoned personal injury attorneys help you take the following steps toward getting the compensation you deserve.
