How Does South Carolina Define Negligence in Auto Accidents Involving Catastrophic Injuries?
At common law, negligence is defined as a person failing to take proper care in doing something. Under South Carolina’s comparative negligence law, a person’s degree of fault will be factored in when determining the compensation that he or she receives. Determining negligence in an auto accident is not simple, requiring convincing evidence to show each role that a party played in a crash.
If you have recently fallen victim to an auto accident resulting in life-altering implications, our South Carolina catastrophic injury lawyers are here to represent your interests.
What is Negligence?
Negligence can be broken down into four components:
Duty of Care
Every motorist has a legal duty to take proper care behind the wheel. Every driver is required to follow traffic regulations when operating a motor vehicle. For instance, a motorist must stop when approaching a red light.
Breach of Duty
If a motorist fails to act in accordance with traffic laws, this is known as a breach of duty. In the above example, a motorist who keeps moving through a red light has failed to adhere to traffic regulations.
Causation
Causation is the direct link between the wrongful driver’s conduct and your injuries. In a personal injury claim, you must prove both factual and proximate cause:
Factual Cause
The factual cause is the event that caused your injuries. For instance, if a motorist runs a red light and strikes you while you are crossing the street, the motorist is the factual cause of your injuries. However, causation is not always this straightforward, especially if an intervening cause is present.
Proximate Cause
In most auto accident cases, one party’s conduct will be both the factual and proximate cause of your injuries. For a successful auto accident claim, it must be foreseeable that the defendant’s actions would cause you harm, known as proximate causation. When there is an intervening cause, the person who is the factual cause of your injuries may not necessarily be legally responsible (the proximate cause) for your injuries.
Let us examine our car accident scenario again. When you are struck while crossing the street by a motorist who fails to stop at a red light, you suffer a broken leg. The driver’s actions are the factual cause of your injuries. However, after you are struck, you are momentarily immobilized in the middle of the road. A motorist turning onto the street does not see you running over your leg, requiring that your limb be amputated. In this example, the defendant’s liability may be negated by the second motorist, who is the proximate or legal cause of your catastrophic injury.
Damages
To recover, a victim must prove that he or she suffered injuries and other measurable losses as a result of the accident or injury. In an auto accident, measurable losses will often include economic damages, such as lost income, medical expenses, and vehicle repairs, as well as noneconomic damages, such as pain and suffering, infliction of emotional distress, and loss of consortium.
However, under South Carolina Code §15-38-15, if there are multiple defendants in a lawsuit, and one of the defendants is less than fifty percent at fault, the individual will only need to pay damages for the percentage of fault apportioned to him or her. However, if a motor vehicle accident victim shares some degree of fault, the individual’s damages will be reduced by his or her degree of fault. If a victim is more than fifty percent liable, then he or she will be barred from recovery.
A South Carolina Catastrophic Injury Lawyer Providing Advocacy to Auto Accident Victims
If you or a loved one have been injured in an auto accident, our South Carolina catastrophic injury lawyers know that you are likely experiencing both physical and mental distress. To learn how we can help you reclaim the compensation that is rightfully yours, contact our office online or by phone. We offer free initial consultations.