Yes, you can still file a lawsuit if you were not wearing a seatbelt, however, there is a chance that your potential compensation may be reduced to a certain extent. South Carolina follows what is known as comparative negligence. This means that any potential recovery a plaintiff may be entitled to in a person injury claim will be reduced by the extent that the plaintiff is negligent themselves, so long as the plaintiff is found to be less than fifty percent negligent for their injuries. For example, if a jury finds that the defendant is ninety percent negligent for your injuries but you were ten percent at fault for your injuries, your overall damages may be reduced by ten percent.
Phone: 843-991-6528