Buckling up is one of the best ways to protect yourself from injury if a car accident occurs. For this reason, South Carolina requires all drivers and passengers to wear a seat belt. Still, South Carolina state data shows that one unrestrained motor vehicle occupant dies every 28 hours in the Palmetto State.
Did you get hurt in an accident when you weren’t wearing your seat belt? If so, you may feel concerned about your ability to recover compensation for your injuries. The good news is that failure to wear a seat belt does not prohibit you from filing a personal injury claim in South Carolina. But you can count on insurance companies to try and use your lack of seat belt use against you when settling your claim.
At McKinney, Tucker & Lemel, LLC, we firmly believe that you should not have to pay for the consequences of a traffic collision that wasn’t your fault. Our car accident attorneys can protect your rights when insurers try to pin the blame on you. Let us help you pursue the money you need to pay your bills and move on with your life. Call or contact us today for a consultation.
What is Comparative Negligence in South Carolina?
Comparative negligence is a sticking point in many car accident cases where an injured motorist was not wearing a seat belt. If you were not buckled at the time of the crash, the insurance company might argue that your failure to do so contributed to your injuries. However, this tactic is unlawful. The state’s seat belt law says that not wearing a seat belt “is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.” This means you can sue after a car accident even if you were not wearing your seat belt.
Though the insurance company cannot use your lack of seat belt use against you, expect them to look for other reasons to blame you for a crash. If you are assigned 51 percent or more of the fault in an SC car accident, you lose the right to collect any compensation.
South Carolina’s comparative negligence statute means you will be assigned a percentage of fault representing your portion of fault for a wreck. To make this determination, the jury or insurance company looks at everybody’s negligence and apportions the blame to each party individually. Your ultimate compensation will be reduced by your percentage of fault.
Example: You were rear-ended by a drunk driver. Alcohol impairs a driver’s ability to operate a vehicle safely and is against the law. By choosing to drive while impaired, the other motorist behaved negligently.
But suppose that one of your taillights was out at the time of the crash, which made it hard for the other driver to see you. Even though the drunk driver still bears the majority of the fault for the accident, you might also be found partially liable.
Continuing the example, let’s say you’re found to be 10 percent at fault while the other driver is 90 percent to blame. If you suffered $100,000 in losses because of the accident, you could still receive $90,000 in compensation — that is, $100,000 minus your 10 percent share of the fault. The drunk driver cannot seek compensation from you because they bear the majority of responsibility for the collision.
Because the success or failure of your claim hinges on a single percentage point in South Carolina, it’s wise to consider hiring a skilled car accident attorney. Lawyers know the tactics insurers use to deny victims fair payouts and will develop a strategy to defend you from unfair claims of fault.
How Do You Go About Protecting Your Car Accident Claim?
If you sustained injuries in a car accident and you were not wearing your seat belt, you can start protecting your claim immediately after the accident. Here’s what you need to do:
- Call 911 to report the crash.
- Take pictures of all the vehicles involved.
- Look for any potential eyewitnesses and get their contact information.
- Exchange insurance information with the other driver, but do not discuss the crash with them.
- Get medical treatment right away. Keep all your medical records and receipts.
- Do not provide a statement to the insurance company or sign any release forms until you have spoken to an experienced lawyer.
- Get help from a knowledgeable South Carolina car accident attorney.
What Should I Do About Filing an Insurance Claim?
After car accidents, the path to compensation begins with filing a claim with the at-fault driver’s insurance carrier. Your first step is gathering proof of your losses. This documentation includes medical bills, pay stubs, prescription receipts, and vehicle repair and replacement estimates. All of this evidence will substantiate your claim.
Next, contact a car accident lawyer. An attorney can look at your information and collect additional proof to build a solid claim for maximum compensation for you. Your lawyer can also handle all settlement negotiations with the insurance company so you don’t have to worry about saying or doing something that could jeopardize your claim.
What Injuries Could be Caused by Not Wearing a Seat Belt?
Failing to wear a seat belt can lead to serious injuries in a motor vehicle collision, including:
- Internal organ damage
- Internal bleeding
- Broken bones
- Back and spinal cord injuries
- Neck injuries
- Head and facial injuries
- Traumatic brain injuries (TBIs)
People who fail to wear seat belts are also 30 times more likely to be ejected from a vehicle in a crash, according to the Centers for Disease Control and Prevention (CDC). Most people ejected from cars die from their injuries.
Contact a Rock Hill Car Accident Attorney Today
You deserve compensation if you suffered injuries in a wreck someone else caused. If the insurance company is trying to take advantage of you, get the car accident lawyers at McKinney, Tucker & Lemel LLC on your side. Call or contact us online now for a free initial case review.
