Greenville Accident Lawyer: Suing With Partial Fault

If you’ve ever been involved in a motor vehicle accident, then you know it’s never just one person’s fault. For example, imagine that your brake lights are out. You forget to get them fixed and head out on the road. While at a yellow light, someone slams into the back of your car. You’re upset and angry. You can’t imagine why somebody would slam into your car when you’re at a red light. What you need to realize is that the other driver may not have realized you stopped because your brake lights are out. Our Greenville accident lawyer has handled more than their fair share of car accident cases. We know what to look for when it comes to proving fault.

What we also realize is that it is rare that one driver is ever 100% at fault for a crash. None of us are perfect drivers. If you look hard enough, you could probably find fault with anyone’s driving skills. When it comes to a motor vehicle accident, the court is concerned with finding out which driver was more at fault than the other. This is why so many states, including South Carolina, have comparative fault rules in place. Here, we will talk about this rule and how it affects your car accident lawsuit. We will also explain how your damages can be affected if you are found to be partly at fault.

Regardless of how things pan out, you’re much better off if you have an experienced injury lawyer in Greenville fighting on your behalf. We offer all new clients a free, initial consultation so you should come in and meet with one of our attorneys today.

Very Rarely is One Driver 100% at Fault for a Car Accident

As briefly mentioned above, very rarely is one driver totally at fault for a car accident. Except in very rare cases, our Greenville accident lawyers can probably find fault with every driver involved in the crashes we handle. Of course, our job is to prove that the other driver is more at fault than you. That’s the only way we can get you the damages you deserve. In order to do this, we’ll need to prove that the defendant was negligent.

Proving negligence requires that your Greenville accident lawyer demonstrate the following four things:

  • The other driver owed you a duty of care – This isn’t hard to prove in a car accident lawsuit. All drivers owe a certain duty of care to other motorists and pedestrians. For example, they must obey all traffic laws.
  • You must show that the defendant breached this duty – There are a variety of ways you can do this. Your attorney can submit a copy of a ticket issued to the other driver at the accident scene. Or they can have an eyewitness testify about what they saw. For example, if a witness saw the defendant texting in the moments before the crash, that could help prove your case.
  • Your Greenville accident lawyer must prove that you were hurt – As long as you went to the hospital immediately after your accident, you should be able to prove this element. For example, if you broke a bone or suffered a sprain, the doctor will put your diagnosis in your file.
  • You have to show that the defendant caused your injuries – The final element requires you to prove causation. In other words, your Greenville accident lawyer must show that nothing intervened to cause your injuries.

Once you prove these four things, you’ll have a good chance of recovering damages.

Your Damages Will Be Reduced by Your Percentage of Fault

If you are found to be partially at fault, your damages will be reduced. The way the comparative fault rule works is that a plaintiff can only recover damages for the portion that the defendant was at fault. A better way to understand this is by example. Imagine that you sue the other driver in a rear-end collision. You demand $500,000 in damages. Your Greenville accident lawyer believes they can prove these damages between your hospital bills, lost future income, and pain and suffering. However, the defendant’s attorney proves that you were 30% at fault.

Immediately, your damages will be reduced by 30%. So, instead of suing for $500,000, your total damages would be reduced by $150,000. The bad news is that your damages will be reduced. The good news is that you can still collect partial damages. That isn’t the case in some other states.

Your Greenville Accident Lawyer Will Fight to Get You as Much Money as Possible

Even if you were partially at fault for your crash, there’s still a chance you can collect damages. It all depends on the facts of your case. If you were more at fault than the defendant, then there’s nothing your Greenville accident lawyer can do. Your attorney will have to demonstrate that the other driver was more at fault than you were. As long as the evidence is there to support this claim, you shouldn’t have a problem. As long as you understand that your damages will be reduced if you were partly at fault. It will depend on the percentage of fault that is ascribed to you.

For now, we recommend that you talk to an experienced injury lawyer in Greenville. We will review your case and any information you can provide. It’s important that you bring as much information as possible. This way, we know upfront whether you have a valid claim. If we believe your claim has value, we may be willing to represent you. If, on the other hand, it appears that you were primarily at fault, we may have to think twice before accepting your case. We would rather be upfront and honest with a client than give them false hope.

Since the initial consultation is free, you have nothing to lose. You can bet the other driver will have an attorney representing them. Their insurance company is legally required to handle their defense. There’s no reason for you to be at a disadvantage. With so much at stake, it’s worth the time to sit down with a seasoned Greenville accident lawyer and see what your options are.

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