How is fault determined in South Carolina?
How is fault determined in South Carolina?
The presence of negligence determines fault in a South Carolina accident. This means that someone would be at-fault if they were driving carelessly or recklessly.
Four things must be shown to prove negligence: duty breach, causation and damages. Duty means a driver has a duty to behave according to a certain standard of care. A breach of that duty means the other driver violated that standard of care.
To prove causation, there needs to be a breach of duty that caused the accident. The last requirement for determining negligence is the damage that is caused by the breach of duty.
If the negligence of another driver caused your injuries, you might be entitled to seek damages for:
- Property damage
- Rehabilitation
- Long-term care
- Pain and suffering
- Medical expenses
- Disfigurement
- Lost future, present and past wages
If the negligence of another driver caused the death of a loved one, you might be entitled to seek damages for:
- Medical expenses, including surgical fees
- Lost wages
- Lost benefits
- Funeral/burial costs
- Emotional distress
- Loss of marital relationship
- Loss of companionship
- Pain/suffering of the deceased before death
Other Car Accident FAQs:
- Am I liable if I hit the car in front of me after I was rear-ended by another driver?
- Can I sue after a car accident if I was not wearing my seat belt?
- Do I have to call the police after a car accident?
- Do I need a car accident attorney?
- Does South Carolina use a fault-based system for car accidents? What does that mean for someone involved in an auto accident?
- How is fault determined in South Carolina?
- How long do I have to file a car accident claim?
- How many car accidents occur in South Carolina each year?
- How many fatal car accidents happen in South Carolina each year?
- What compensation can I get after a car accident?
- What do I do if I am in a car accident and the at-fault driver does not have insurance?
- What do I do if my damages are more than the insurance policy limits of the at-fault driver who hit me in a car accident?
- What do I need to know about my South Carolina accident report?
- What does comparative fault mean when it relates to a South Carolina car accident?
- What should I do after a car accident?
Practice Areas
What Our Clients Say
They have amazing lawyers!
They have worked on an impossible situation and exceeded all expectations in the resulting settlements. I would recommend the Steinberg Law Firm to anyone and everyone!
- Susan
My experience was excellent
From the first consultation to the end of my case I was kept updated step by step. My attorney worked hard for me and got me more than what I expected.
- Vanessa
I never felt like I was alone
My lawyer and his Paralegal were right with me the entire case. I never felt like I was alone. At every turn they were in my corner. Someone recommended me to Steinberg law firm and I gladly would do the same for someone else.
- Mike
I couldn't have asked for better
The people from the Steinberg group are top-notch. They handled my case extremely well, I couldn’t have asked for a better performance. Thank you all so much for all you did for me.
- Brian
I am grateful for them!
At my worst, they honestly and carefully protected and defended my family on multiple levels. I’m a client for life and the integrity of this law firm is unmatched. Thank You Steinberg Law Family!!!
- Brandy
The people are thoughtful and professional
Questions and concerns always get answered and concerns are taken care of. Thank you all at Steinburg for a good experience and for showing me that you care about your clients.
- Joan
The best law firm
This the best law firm anyone could ever deal with. Mr. Pearlman will work hard to get everything that is owed to you. It was a pleasure to have been represented by this firm.
- Rena
A wonderful experience
Had a wonderful experience with Mr. Pearlman and his team. Thank you very much for your diligence and expertise.
- Meagan
I highly recommend them
They work as a team providing the best referrals and assistance to accomplish what my family and I needed. I highly recommend them because you won’t be disappointed.
- Erika
