Anyone who’s ever been in a car accident will tell you it wasn’t their fault. It’s our natural inclination to want to point the finger at the other driver. However, very few people could actually tell you how their accident happened. We’re focused on the road or a conversation going on in our vehicle. We aren’t watching every move that every driver makes while we’re on the road.

Even if someone thinks they were partially at fault for a car accident in Greenville isn’t going to admit it. It’s easier (and safer) to say the other driver was totally at fault. It usually isn’t until the police have conducted their investigation that we know what exactly happened. Even then, all they can do is estimate what they think happened. They’ll piece together the statements made by the drivers and other witnesses. They may also review the accident scene and look at things like damage to the vehicle and wreckage.

When it comes time to submit your car accident claim, the insurance company is going to try to determine who was at fault. They’ll review the police report. They’ll look to see what the drivers have to say. Once they review all the information, they’ll decide who they think was at fault for the crash. If you believe the other driver caused your injuries, you should call and talk to an experienced car accident lawyer in Greenville, South Carolina.

South Carolina Follows the Comparative Fault Rule

In South Carolina, you can still sue someone eve if you were partially at fault for your car accident. This is because they follow something called a comparative negligence rule. This rule states that you can collect damages as long as you’re less than 50% at fault for your crash. This rule applies in car accidents and all other personal injury cases. This means that, even if you’re partially at fault, you can still collect damages.

In order to collect anything from the other driver, you need to prove they were at fault. This means your Greenville car accident lawyer needs to prove negligence. To do this, they need to demonstrate four (4) things:

• The defendant owed you a duty of care – This won’t be difficult. Every driver in South Carolina owes a certain duty of care toward all other motorists. At a minimum. they need to follow all of the local and state traffic laws. If someone violates any of these rules, they can be considered negligent.
• They breached this duty of care – This is sometimes the hardest part of your case. Your South Carolina injury attorney needs to prove that your injuries were caused by the defendant’s breach. For example, if the other driver was speeding, it would suffice to prove that the accident was caused by their speeding.
• You were injured – It’s not enough that you were in an accident. You do need to prove that you were injured. Your Greenville injury lawyer can only collect damages for injuries you suffered as a result of your crash.
• Your injuries were caused by their breach – If your injuries were caused by anything other than the crash, you won’t be able to collect damages. For example, if you had a bad back before the accident, you can’t blame it on the defendant. Or, if you wait to go to the hospital for days after your Greenville car accident, the defendant will say something else caused your injuries.

Contact a Skilled Car Accident Attorney in Greenville So They Can Review Your Claim

If you or your loved one are injured in a car accident in Greenville, South Carolina, call our office right away. Even if you were partially at fault, you can still collect damages. Just keep in mind – your damages will be reduced by your percentage of fault. If you were 20% at fault, your judgment will be reduced by 20%. Your Greenville car accident attorney can review your case and give you an idea of how this will impact your case. Call today and schedule your free initial consultation. You can sit down with someone who’s handled dozens of cases just like yours. Our car accident attorneys in Greenville understand how the comparative negligence rule works. They’ll fight to settle your case, so you don’t have to worry about going to trial. The initial consultation is free, and you don’t pay a dime until you settle your case.