What happens when multiple traffic infractions cause an accident to happen in Darlington County?

Darlington County, SC – Actions such as speeding, distracted driving, going through red lights, and intoxicated driving happen regularly on the roads of South Carolina even though they are illegal. Because these behaviors are dangerous and they greatly increase the chances of an auto accident, along with the associated costs and injuries. It is also possible that two or more drivers are breaking traffic laws within a short time period and they will end up colliding with each other. In these situations, the analysis of who is at fault can be complex and it can depend highly on the specific facts of each case. For these reasons, those who want to take legal action after a collision will need to get advice from an attorney that is related to their incident. 

Negligence laws in South Carolina

Fault for an accident in a civil lawsuit is determined by the state’s negligence laws. In most cases, this means that the driver responsible for the crash deviated from the standard duty of care required for all people on the roads. The party who is considered to be negligent is responsible for the costs associated with the accident, usually through their insurance policy. However, negligence is not always clear in cases where multiple drivers make mistakes, which is why the state allows fault to be divided between multiple parties through the comparative negligence system. 

Modified comparative negligence

In all negligence cases in South Carolina, the parties at fault can have their actions analyzed. The state uses a modified comparative negligence system to divide fault in these situations. This means that each party involved can receive an amount of fault that ranges from zero to one hundred percent based on what they did leading up to the crash. However, if any party is assigned greater than fifty percent fault, they will not be able to receive any compensation at all. Those who are less than fifty percent at fault can collect damages, although their award can be reduced by their level of fault for the car crash. This means that each person attempting to sue may have a different answer regarding whether it is worth trying to take legal action, especially if they committed a traffic violation before the crash happened.  

Accident lawyers in South Carolina

The Clekis Law Firm is available to work with accident victims in the area of Darlington County and other parts of South Carolina. Their lawyers provide advice and guidance throughout the course of civil personal injury lawsuits for compensation.

USAttorneys.com is a service that can help people find the right lawyer in their city or state. Anyone who needs assistance with their legal search can call 800-672-3103 for a referral. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]



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