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Yes — in many cases, you can still recover compensation after an accident even if you were partly responsible. South Carolina follows a modified comparative negligence rule, meaning you may recover damages as long as you are 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault.
Understanding how comparative negligence works can make a significant difference after an accident, especially when insurance companies argue that you share some of the blame. We’ve seen firsthand how questions of fault can complicate injury claims. If you’ve been injured in a crash, George Sink Injury Lawyers can help you understand your rights and how South Carolina’s negligence laws may affect your case.
What Is Comparative Negligence?
Comparative negligence allows fault to be shared between multiple parties after an accident.
Not every accident has one person who is entirely responsible. Sometimes both drivers or multiple parties contribute to what happened.
South Carolina uses what’s known as modified comparative negligence, which means fault is assigned as a percentage to each party involved.
How Does South Carolina’s Comparative Negligence Law Work?
You may recover compensation if you are 50% or less at fault — but not if you’re 51% or more responsible.
Your compensation is reduced based on your percentage of fault.
How Fault Affects Compensation:
| Percentage of Fault | Can You Recover? | Ex. on $100K Claim |
| 0% | Yes | $100,000 |
| 20% | Yes | $80,000 |
| 35% | Yes | $65,000 |
| 50% | Yes | $50,000 |
| 51% or more | No | $0 |
Who Decides Fault?
Fault is determined using the available evidence — not simply by what one driver says happened.
Insurance adjusters, attorneys, judges, or juries may consider:
- Police reports
- Witness statements
- Photos and video
- Vehicle damage
- Traffic laws
- Expert analysis
Our experience has shown that seemingly small pieces of evidence—such as dashcam footage or photographs taken at the scene—can have a significant impact on how fault is assigned.
Why Do Insurance Companies Raise Comparative Negligence?
Insurance companies may argue you share responsibility because it can reduce what they pay.
For example, an insurer might claim you:
- Were speeding
- Failed to signal
- Followed too closely
- Were distracted
- Could have avoided the collision
Many people believe being partially at fault means they have no case. In South Carolina, that’s often not true. Even if you made a mistake, you may still be entitled to recover compensation, as long as you are not more than 50% responsible.
What Types of Cases Can Comparative Negligence Affect?
Comparative negligence applies to many personal injury claims — not just car accidents.
It may come into play in cases involving:
- Car accidents
- Motorcycle crashes
- Truck accidents
- Bicycle collisions
- Pedestrian accidents
- Slip and fall injuries
Whenever multiple parties may have contributed to an accident, comparative negligence may become part of the claim.
How Can You Protect Your Claim?
The strongest claims are often supported by strong evidence.
Steps That May Help Protect Your Case
| Action | Why It Matters |
| Seek medical treatment promptly | Connects injuries to the accident |
| Photograph the scene | Preserves valuable evidence |
| Obtain witness information | Supports your version of events |
| Keep medical records | Documents damages |
| Understand your legal rights | Helps avoid costly mistakes |
Quick Checklist: If Fault Is Being Disputed
- Preserve photos and videos
- Gather witness contact information
- Seek prompt medical care
- Save all accident documentation
- Understand how comparative negligence may apply
Pro Tip: Being partially at fault does not automatically prevent you from recovering compensation in South Carolina. What matters is how fault is ultimately assigned under the state’s modified comparative negligence law.
Takeaway: Partial Fault Doesn’t Always Mean No Recovery
After an accident, it’s common to wonder whether a mistake on your part prevents you from pursuing compensation.
In South Carolina, the answer is often no.
Because the state follows a modified comparative negligence system, many injured people can still recover damages, even when they share some responsibility for the accident.
Understanding how fault is determined can help you make informed decisions during the claims process.
George Sink Injury Lawyers Can Help You Understand Your Rights
Questions about fault are among the most common issues that arise after an accident.
If you’ve been injured and you’re unsure how South Carolina’s comparative negligence law may affect your claim, George Sink Injury Lawyers can help you better understand your legal options and the insurance process.
We’ll work to build the strongest case possible while pursuing the compensation you may be entitled to recover.
Call 843-999-9900 today or contact us online for a free consultation.
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