You’re driving. A semi-truck looms in your rearview mirror. Then—impact.
Your car spins. Metal crunches. When the chaos settles, you're left with a wrecked vehicle, mounting medical bills, and a trucking company already preparing its defense. Now what?
South Carolina’s modified comparative fault system holds the key to your compensation. But fair warning: trucking companies will do everything in their power to shift blame onto you. Here’s how to fight back. Or you can read here: How Does South Carolina’s Modified Comparative Fault Law Impact Your Semi-Truck Accident Settlement?
A: Yes—but there’s a catch.
South Carolina follows the 51% rule—meaning if you’re more than 50% responsible, you get nothing. Zero. Nada. But if you're 49% or less at fault, your compensation gets reduced by that percentage.
For example: You win a $100,000 claim but are found 20% responsible. You’d still receive $80,000. But if trucking company lawyers push that to 51%? Game over.
They don’t play fair. They play to win. Their goal? Make you seem more at fault than you really are. Expect arguments like:
“You were speeding.” Can they prove it? What does accident reconstruction say?
“You followed too closely.” Did their driver brake suddenly? Was there a dash cam?
“You didn’t signal.” Traffic cameras and witness statements can dispute this.
“Road conditions were bad.” True, but was their driver trained for that?
Counter their blame game with hard evidence: police reports, black box data, witness statements, and expert testimony. Facts win cases.
Yes, semi-trucks have black boxes—just like planes. They record speed, braking, and engine data. If the trucker was reckless, this data proves it.
Fatigue is a killer. Federal law limits truckers’ hours, but some break the rules. If logs show overdriving or falsified records, you’ve got a strong case.
Brakes failing? Worn tires? If the truck was a ticking time bomb, that’s on them—not you.
Video doesn’t lie. If there’s footage, it can shut down their defense fast.
Short answer? Not without a fight.
Insurance companies love fast, lowball offers. They’ll dangle a check that seems generous—but covers a fraction of your long-term costs. Medical bills, lost wages, future treatments? All on you if you settle too soon.
Get a lawyer who knows how to push back and negotiate for the full amount you deserve.
You didn’t ask for a semi-truck to wreck your life. But now that it has, you have two choices:
1. Let trucking companies and insurers dictate your future.
2. Fight for the compensation you’re entitled to.
Need a guide through South Carolina’s modified comparative fault maze? Browsing ‘How does South Carolina’s modified comparative fault law impact your semi-truck accident settlement?
