Automobile accidents and trucking accidents resulting in serious personal injury are often the result of negligence of third parties. Liability is determined by the law of negligence. South Carolina is a modified comparative negligence jurisdiction which apportions liability based on the percentage of fault of the parties involved. If plaintiff’s percentage of fault does not exceed 50%, the plaintiff is still allowed to recover from any defendant proven to be at fault. However, plaintiff’s damages are reduced by the percentage of plaintiff’s fault. A determination of negligence is based on the requirement that people must exercise a standard called “reasonable care under the circumstances” when operating a motor vehicle. Failure to do so is often the basis in determining damages caused by an accident. Many factors can contribute to the question of whether a driver was negligent, and courts look for these in determining fault. When you or a loved one is seriously injured in an automobile accident, it is important to secure the legal representation of experienced attorneys who know what steps to take, who know how to investigate and secure evidence and to locate all witnesses to properly prepare your case for trial.