How Comparative Negligence Works in South Carolina Personal Injury Cases

Accidents happen in an instant, but figuring out who’s responsible can take time. In South Carolina, personal injury cases often involve more than one person who may have contributed to the accident. Maybe one driver was speeding, but the other ran a red light. Maybe a store failed to clean up a spill, but the injured person wasn’t watching where they were going. In these situations, South Carolina uses a legal rule called comparative negligence to decide how much compensation someone can receive.

Understanding how comparative negligence works in South Carolina personal injury cases is important for anyone who’s been hurt and wants to know their rights. It helps explain why your compensation might be reduced and when you might not be able to recover anything at all.

How Does Comparative Negligence Affect Compensation in South Carolina?

Comparative negligence is a rule that lets courts divide fault among everyone involved in an accident. Instead of blaming just one person, the law looks at how much each person contributed to what happened. If you were partly responsible for your injury, your compensation might be reduced based on your share of the blame.

South Carolina follows a modified comparative negligence system, codified under South Carolina Code § 15-38-15. You can recover damages only if you are 50% or less at fault. If you’re found to be 51% or more at fault, you are barred from receiving any compensation. For example, if you’re 30% responsible for $100,000 in damages, your recovery would be reduced to $70,000.

How Can You Protect Your Rights in a Comparative Negligence Case?

Comparative negligence is a legal rule that courts use to divide the blame, or “negligence,” between the people involved in an accident. It works like a pie chart of responsibility. A court or jury will look at all the facts and then assign a percentage of fault to each party. This percentage is the most important factor in determining how much money an injured person can receive in a settlement or verdict. 

The process of proving your side of the story can be difficult. This is why having an experienced legal team, such as the South Carolina personal injury attorneys at Stewart Law Offices, can be so important. With a record of dedicated advocacy, Brent P. Stewart works to ensure that the voices of the injured are heard and their rights are upheld in the pursuit of a just outcome.

How Fault Percentages Are Determined

Determining fault percentages is important in car accident cases. Understanding how fault is assigned can significantly impact the outcome of your claim. Here are the essential elements involved in determining fault percentages:

Investigation and Evidence Gathering

Determining fault percentages requires a thorough investigation of the accident. This process involves collecting evidence such as police reports, witness statements, photographs of the scene, medical records, and sometimes reconstruction analysis by specialists.

Insurance companies, attorneys, and courts examine all available evidence to understand exactly how the accident occurred and what factors contributed to it. They look at things like traffic violations, road conditions, weather, vehicle maintenance, and the actions of each party involved.

Role of Witnesses and Documentation

Witness testimony plays a vital role in establishing fault percentages. Independent witnesses who saw the accident can provide valuable perspectives on what happened and who may have been at fault.

Documentation is equally important. Police reports, traffic citations, cell phone records, surveillance footage, and medical records all contribute to building a complete picture of the accident and determining appropriate fault percentages.

Who Decides the Fault Percentage?

In a trial, the judge or jury looks at all the evidence and decides how much fault each person has. They also decide how much money the injured person should receive. These two decisions—  fault and damages—are made separately and then combined to figure out the final compensation.

In settlement negotiations, both sides try to estimate what a judge or jury might decide. That’s why having strong legal representation can make a big difference.

What If There Are Multiple Defendants?

In South Carolina, if more than one person caused the accident, each one can be held responsible for their share of the damages. In some cases, one defendant may be required to pay the full amount if the others can’t. That defendant can then seek reimbursement from the others. This rule helps ensure that injured people can still recover compensation, even if one party doesn’t have the money to pay.

Given the prevalence of complex accident scenarios in South Carolina, where over 60,000 injury crashes occur annually, many involving shared fault, understanding these dynamics is vital.

FAQs

Can I still file a claim if I was partly at fault?

Yes. As long as your fault is less than 51%, you can file a claim. Your compensation will be reduced based on your percentage of fault.

How do courts decide fault percentages?

Judges or juries look at evidence like police reports, witness statements, and photos to decide how much fault each person has.

Do insurance companies use comparative negligence?

Yes. Insurance companies often argue that the injured person was partly at fault to reduce the amount they have to pay. It’s important to challenge unfair claims.

Conclusion

The rule of comparative negligence is a key factor in every single personal injury case in South Carolina. Insurance companies will always try to use this law to blame you for your injuries and reduce what they have to pay. Because so much is riding on the percentage of fault, protecting yourself from these tactics is essential. A lawyer with a history of handling these cases knows how to fight back, how to build a case based on strong evidence, and how to argue for a fair distribution of fault.