Three people were injured in a near-fatal head-on collision that occurred in the early morning hours recently in Lancaster, South Carolina. According to a breaking WBTV news report, one car crossed the center lane striking another vehicle traveling in the opposite direction head-on. The driver of the wrong-way car is a 23-year-old male; the other vehicle carried two women, ages 41 and 78. The young man was airlifted to a Charlotte hospital while the women were taken by ambulance. All three victims had to be extracted from their vehicles.

The severities of the injuries are unknown, as well as whether or not charges will be filed. The cause of the accident is also unclear, and law enforcement officials have not stated whether or not charges will be filed. Should the victims of the crash take legal action, under South Carolina law damages will be awarded under the theory comparative negligence.

Comparative Negligence and Damages

Under state law, comparative negligence theory is used to calculate damages in personal injury cases. Known as comparative fault, this legal theory is used to calculate who is held liable for damages when one party is found to be more at fault for the accident than the other. If one party is able to show the court and the jury that the other party (1) contributed to the injury and (2) was more at fault for the accident, this theory will be applied by the court. The result of a court using this rule is that each party’s liability for damages is reduced, according to the percentage of fault.  If the plaintiff (the party bringing the suit in court) is found to be 51 percent at fault, then that person receives no monetary compensation. This result is commonly referred to as the “51 percent bar”; when this occurs, the plaintiff’s damages award drops to nothing. It is important to understand that under comparative negligence theory, even if a plaintiff is found to be at fault he or she can still recover if found to be less at fault than the defendant.

In a personal injury case, a plaintiff bears the burden of proving both that an injury occurred for which compensation is an adequate remedy and the fault of the defendant. Because fault is not always easily determined, it is important to retain an experienced and aggressive auto accident attorney to handle your case.

We Are Here to Help

Auto accidents can be stressful as they bring on life-changing events, resulting in temporary or permanent injury. These injuries can affect not only the victims involved in all aspects of life, but often family members and loved ones. If you or someone you know has been injured in an auto accident due to the negligence of another contact a dedicated and aggressive South Carolina auto accident attorney. Servicing South Carolina’s tri-county area and beyond, the legal professionals at The Law Offices of Steven M Krause PA have years of experience. Call (864) 225-4000 today to schedule your initial consultation.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.