A woman was killed after a head-on Spartanburg County, South Carolina collision. The wreck occurred at 7:55 p.m. on Peachtree Road, near the town of Chesnee. Troopers have reported that the woman was 
traveling south when she ran off the right side of the road, over-corrected and came back onto the road and crossed the path of an SUV. The woman was not wearing a seatbelt, and was pronounced dead at the scene.
The driver of the SUV, and the other two passengers in the vehicle were transported to Spartanburg Regional Hospital as a result of injuries sustained. They were wearing their seatbelts. Here, it is likely that the driver who was killed, would be considered “at fault,” due to the fact that it was likely her negligence that caused her to cross the path of the SUV. However, the accident is still under investigation at this point.
In South Carolina, we abide by the standard of comparative negligence, which, unlike the more stringent contributory negligence standard in North Carolina, attempts to provide you with compensation for damages even if you were partially at fault in the auto accident.
In a comparative negligence accident claim, you must show that the other driver was more than 50% liable for the car accident. If it is determined that the other driver is more liable than you for the crash, then they, or their insurance company will be required to compensate you for that percentage of liability.
For example, if you have a claim against another driver for $40,000, and through comparative negligence it is determined that they were 70% negligence for the accident, you would receive $28,000 in compensation.
While this does not cover the entirety of the car accident, it is far better to receive some compensation for the car accident that to bear the full cost. A comparative negligence claim is very involved and can explore factors such as weather conditions, road hazards, other drivers, other vehicles, witness statements, and police records.
If you have been involved in a collision in North Carolina, be vigilant of the high threshold one must prove in order to recover. This is why it is important contact an attorney with experience in the realm of personal injury law. For a confidential consultation, contact the law offices of Reeves, Aiken & Hightower, LLP toll free at 877-374-5999 for more information.