What is Negligence?
South Carolina law tells us that negligence is the “absence of due care.” I know that you are probably thinking that is not too helpful of a definition. Perhaps think of it this way. Consider negligence as carelessness.
The law offers a test to see whether a person was negligent or careless. The test asks you to consider what would a reasonable person do under the same or similar circumstances. Since a reasonable person would not expose someone else to unnecessary danger, the reasonable person would choose the safest way to do something.
Even if the next safest choice would accomplish the same thing as the safest choice, the next safest choice is still the negligent choice if it exposes someone else to more danger. For example, consider two ways to drive down the road. The first, driving will total concentration on the road. The second, driving while reading a cell phone. Both ways of driving accomplish the same thing, driving. However, the second is negligent because it exposes someone else to more danger. Distracted driving increases the risks of causing a crash.
If you have been hurt in a car accident: