KEY TAKEAWAYS:
South Carolina uses a modified comparative negligence rule, which means you can still recover compensation after an accident that was partly your fault—as long as you are found no more than 50% responsible. Your share of the blame reduces your compensation, so insurance companies have a strong incentive to pin as much fault on you as possible. The Farmer Law Firm helps injured personal injury victims challenge inflated fault claims and protect the full value of their case.
One of the first worries injured people share with us is simple: “The accident might have been partly my fault—can I still get anything?” In our state, the answer is often yes.
South Carolina’s comparative negligence rule allows you to recover damages even when you share some of the blame, and understanding how it works can be the difference between walking away with nothing and securing a fair recovery. At The Farmer Law Firm, our experienced Charleston County personal injury lawyer can help you make sense of these rules and protect the value of your claim.
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What Is South Carolina’s Comparative Negligence Rule?
South Carolina follows a modified comparative negligence rule. In plain terms, you can recover compensation as long as you are not more than 50% responsible for the accident. If your share of the fault reaches 51% or higher, you are barred from recovering anything. When you do recover, your award is reduced by your percentage of fault.
This rule comes from a 1991 South Carolina Supreme Court decision, Nelson v. Concrete Supply Co., which replaced a far harsher, older rule that generally barred recovery by anyone who was even slightly to blame. Here is how the modern rule plays out:
- If you are 50% or less at fault, you can recover damages, minus your share of the blame.
- If you are 51% or more at fault, you recover nothing.
- At exactly 50%, you still recover, but your damages are cut in half.
Because a single percentage point can decide whether you receive a payout at all, fault is often the most heavily contested part of an injury claim.
Can You Sue if You Were Partly Responsible for an Accident?
Yes. Being partly at fault does not automatically end your personal injury claim in South Carolina. As long as your share of the blame stays at or below the halfway mark, you can still file a claim or a lawsuit and pursue compensation under South Carolina’s comparative negligence rule. This holds across the cases we handle, such as car accidents, truck collisions, slip and fall accidents, or dog bite injuries. The same rule applies to injury claims and to wrongful death claims brought by a family after losing a loved one.
How Is Fault Determined After a Charleston County Accident?
A single person at the scene does not decide fault. It is pieced together from evidence. In some cases, more than one party shares the blame. Knowing how fault is assigned in comparative negligence claims—and how the law splits it among several parties—helps explain why these cases get contested so hard.
Who Decides Your Percentage of Fault
In the days after a crash, an insurance adjuster reviews the police report, photos, and statements and assigns a percentage of fault. Their goal is to keep the company’s payout low, so it is common for adjusters to push extra blame onto the injured victim.
However, their decision does not decide the case. When you retain our skilled personal injury lawyer, he will conduct a thorough investigation to determine if you were at fault at all, and if so, your fault percentage.
If your case settles, fault is negotiated between the parties. If it goes to trial, a jury decides each side’s percentage.
When More Than One Party Is at Fault
Many accidents involve several at-fault parties other than you, such as multiple drivers, a trucker and trucking company, or a property owner and a business renting from them. Under South Carolina Code of Laws § 15-38-15, your share of fault is compared against the combined fault of everyone responsible, and a defendant found less than 50% at fault generally pays only its own share of the damages.
These questions often arise in complex wrecks, such as a jackknife truck crash or a pedestrian struck by a vehicle, where fault can be spread across several people and companies. Attorney Merritt Farmer works to make sure blame is assigned accurately, not just conveniently for the insurer.
What Evidence Helps Prove Fault After an Accident?
Because your recovery rises or falls on your fault percentage, strong evidence is your best protection. The sooner it is gathered, the harder it is for an insurer to rewrite what happened. Evidence that often makes the difference includes:
- Photos and video of the scene, vehicle positions, hazards, and your injuries
- The police or incident report and any citations issued
- Statements from witnesses who saw what happened
- Traffic-camera, dashcam, or business surveillance footage
- Medical records that tie your injuries to the accident
- Expert analysis, such as accident reconstruction after a fatal motorcycle wreck or medical experts to establish the seriousness of your injuries.
Preserving this proof early keeps your fault percentage tied to the facts rather than to an adjuster’s guesswork.
How the Farmer Law Firm Helps Protect Your Recovery
When comparative fault is an issue in your claim, having our knowledgeable personal injury lawyer build your case matters. Attorney Matt Farmer will investigate the accident, gather and preserve evidence, and push back when an insurer tries to inflate your share of the blame.
Our attorney will handle all communications and negotiations with the insurance company. When necessary, he will present your case to a jury so that fault is decided on the evidence—not on whatever number saves the insurance company money. This can help you obtain the compensation you deserve rather than a lowball fault offer that the insurance company is trying to get you to accept.