After a car crash, many injured drivers assume that if the other driver caused the collision, compensation should be straightforward. In reality, fault is rarely treated as an all-or-nothing issue. South Carolina uses a comparative negligence system that allows liability to be apportioned among multiple parties.
This rule directly affects whether an injured person can recover compensation and how much they may receive. Understanding how South Carolina’s comparative negligence law works is essential for anyone pursuing a car accident claim.
What is Comparative Negligence?
Comparative negligence is a legal doctrine that assigns each party a percentage of fault for an accident.
Instead of asking only “Who caused the crash?” the law asks:
- Did each driver contribute to the collision?
- If so, to what degree?
Each party’s percentage of fault is then used to calculate financial responsibility.
South Carolina’s Modified Comparative Negligence Rule
South Carolina follows a modified comparative negligence system.
Under this rule:
- An injured person may recover compensation only if they are less than 51 percent at fault.
- If an injured person is 51 percent or more at fault, they are barred from recovering damages.
- If an injured person is partially at fault but under 51 percent, their compensation is reduced by their percentage of fault.
This threshold makes fault determinations extremely important.
How Fault Percentages Affect Compensation
Fault percentages directly reduce settlement or verdict amounts.
For example:
- If total damages equal $100,000 and the injured driver is found 10 percent at fault, recovery is reduced to $90,000.
- If the injured driver is 30 percent at fault, recovery becomes $70,000.
- If the injured driver is 51 percent at fault, recovery becomes $0.
Even small increases in assigned fault can significantly impact case value.
How Insurance Companies Use Comparative Negligence
Insurance companies routinely attempt to shift blame onto injured drivers to reduce payouts.
Common tactics include alleging:
- Speeding or driving too fast for conditions.
- Distracted driving.
- Following too closely.
- Improper lane changes.
- Failure to signal or yield.
These arguments are often raised even when evidence clearly shows the other driver caused the crash.
Evidence That Influences Fault Determinations
Fault is based on evidence, not assumptions.
Key evidence may include:
- Police crash reports.
- Photographs and video footage.
- Vehicle damage patterns.
- Skid marks and debris fields.
- Witness statements.
- Electronic vehicle data.
The stronger the evidence, the harder it becomes for insurers to inflate fault percentages.
How Comparative Negligence Impacts Settlement Negotiations
Because fault reduces compensation, disputes over percentages often become the central battleground in settlement negotiations.
Insurance adjusters may:
- Start with exaggerated fault claims.
- Use minor driving behaviors to justify reductions.
- Threaten denial based on alleged majority fault.
Strong legal advocacy helps push back against unsupported blame-shifting.
Why Early Legal Representation Matters
Early involvement by our attorneys helps protect against improper fault assignments.
Our attorneys can:
- Preserve evidence.
- Interview witnesses.
- Obtain video footage before it is lost.
- Analyze crash dynamics.
- Challenge inaccurate police conclusions.
Early investigation strengthens liability positions and protects claim value.
Comparative Negligence Does Not Mean You Have No Case
Many injured drivers assume that if they made a mistake, they automatically lose their right to compensation. That is not true.
If your fault is less than 51 percent, you may still recover damages. The key is to assign responsibility accurately and avoid excessive blame.
Speak With Our South Carolina Car Accident Attorneys
If you were injured in a car crash, South Carolina’s comparative negligence rule may affect your claim in ways you do not expect.
Call David W. Martin Law Group today at (803) 710-4572 to speak with our South Carolina car accident attorneys. We offer consultations and are ready to review your case, explain how fault may impact recovery, and help you pursue the compensation you deserve.
