If you have been involved in a car accident in Rock Hill, South Carolina, understanding comparative negligence is necessary. A lot of accident victims think that if they were merely a little at fault, they would lose their right to get compensated. This view is wrong. South Carolina operates under a modified comparative negligence rule allowing the injured parties to claim compensation if they are not more than 50% responsible for the accident. An experienced rock hill car accident lawyer can assist in fault determination and safeguarding your right to seek damages even if liability is contentious.
Comparative negligence is the way that the courts divide the fault for an accident among the people who are concerned. The law does not merely assign the blame to one party but rather makes sure to consider that several actions or factors might have contributed to the accident. As an instance, one driver could have been enchanting speed while the other one did not correctly yield. In such cases, the blame is allotted as a percentage for every individual. Then, the amount of money you get is lessened with your proportion of the fault. If you are recognized as being 20% responsible, then the amount of money you would receive will be lessened by 20%. Nonetheless, if you are considered 51% or more responsible, then you will not be able to get any compensation at all.
Insurance companies often resort to comparative negligence as a means to cut the amount they have to pay out. The insurers' adjusters might claim that you were not paying attention, speeding, or did not respond properly, and this might happen even if the other driver was extra responsible for the accident. Such strategies are intended to raise your share of the responsibility and lower the amount the insurer has to pay. In the absence of competent legal representation, accident victims might inadvertently agree to a very low apportionment of blame which would be a huge cut in their settlement.
In the case of car accidents in Rock Hill, evidence is one of the main factors that decides the share of fault. The police reports, traffic camera footage, statements from witnesses, pictures of the damage to the vehicles, and medical records are all used to describe the way the accident happened. In some situations, accident reconstruction specialists might be hired who look at skid marks, impact points, and vehicle location. The better the proof, the harder it becomes for the other side to change the suffering blame onto you. The very reason for collecting documents as fast as possible after an accident is this matter.
In the usual accident situations of Rock Hill like rear-end collisions, intersection collisions, and changing lanes, comparative negligence is frequently involved. Despite the common assumption that the rear driver in rear-end collisions is at fault, insurance companies may argue that the front driver unexpectedly stopped or was driving with defective brake lights. When two cars collide at the intersection, it is possible that both of them will indicate that they had the priority road, thus complicating the determination of guilt. Even slight differences may have a great impact on the allocation of blame.
Comparative negligence is often brought up in discussions especially in the area of distracted driving involving cases. For instance, if the driver at fault was texting but argues you were equally involved or were not attentive at all, insurance companies might claim that both had a share of the blame. In the same way, not wearing a seat belt can be a major cause of injuries but may still be pointed out as a reason for reducing the amount of compensation since it was partially your fault. Knowing the ins and outs of these arguments is extremely important in the fight for your claim.
Injuries suffered in accidents and other situations where comparative negligence is evaluated considerations also include medical treatment. If there is a delay in medical care after an accident, the insurance companies might use it as an argument that either your injuries were not that severe, or they were caused by something else. Insuring this fact will not increase your liability for the accident directly, yet it might make your claim less valuable. Immediate medical examination not only establishes a strong connection between the accident and your injuries but also boosts your negotiation power.
In Rock Hill, most car accident claims are settled rather than taken to court, but the concept of comparative negligence still plays a huge role in the process of settlement negotiations. The insurance firms assess possible trial results and support lower offers with the percentages of blame. A lawyer guarantees an unbiased evaluation of blame and that the discussions about the settlement are based on the real facts of the accident and not only on the insurer’s story.
Grasping the functioning of the law and the application of it by the insurers can lead to a major impact on the result of your case. In case you got hurt in a vehicular collision and are apprehensive about the responsibility or accountability, getting through the legal intricacies of comparative negligence and going after the compensation you rightfully have might be eased through experienced legal counsel such as McKinney, Tucker & Lemel, LLC.