You shouldn’t have to pay the price for someone else’s mistake. We’ll help you understand how fault is determined—and what that means for your case.
Being involved in a car accident in South Carolina can turn your world upside down in a matter of seconds. One moment you're driving to work, running errands, or heading to pick up your kids—and the next, you're dealing with injuries, medical bills, and an aggressive insurance company that’s quick to point fingers.
At Christmas Injury Lawyers, we know how frustrating and unfair this process can feel. You didn’t cause the wreck, and now you're expected to navigate a legal maze just to get what you’re owed. That’s where we come in.
In this post, we’ll break down how fault is determined in South Carolina car accidents—specifically focusing on comparative negligence, and how it can directly impact your case.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how much each party involved in an accident is at fault—and how that affects their ability to recover damages.
In South Carolina, we follow a rule called "modified comparative negligence" with a 51% bar, which means:
- If you are 50% or less at fault, you can still recover money for your injuries.
- If you are 51% or more at fault, you are barred from recovering any damages.
Here’s the role that comparative negligence plays in real life:
Let’s say you're hit by another driver who ran a red light, but you were speeding at the time. If a court finds you 20% at fault and the other driver 80% at fault, your total recovery would be reduced by your share of fault—you’d receive 80% of the total damages.
Comparative Negligence Defenses
Insurance companies often rely on comparative negligence defenses to reduce what they owe you. They might argue that you were partially at fault—maybe you were driving slightly over the speed limit or didn’t brake fast enough.
Even if the blame isn’t accurate, these claims can seriously impact your case. That’s why it’s critical to have a legal team that knows how to challenge these tactics and keep the focus where it belongs—on the other driver’s negligence.
Why Fault Matters in South Carolina's Comparative Negligence
South Carolina is not a "no-fault" state. That means proving the other party’s fault is crucial to your ability to get money for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
Insurance companies know this—and they use comparative negligence to shift blame onto you, even if you did nothing wrong. Their goal? Minimize your payout.
That’s why having a legal team that knows how to gather evidence, interview witnesses, and push back against the insurance company’s tactics is so important.
How Is Fault Determined in an Auto Accident?
In most South Carolina car accident cases, the percentage of fault assigned is determined using:
- Police reports
- Witness statements
- Photos or video from the scene
- Vehicle damage reports
- Traffic laws (e.g., who had the right of way)
Your attorney will analyze all of this to build a strong case that clearly shows the other party’s negligence—and limit any blame they try to push onto you.
What If Both Drivers Are at Fault?
If both drivers are found to share blame, comparative negligence rules kick in. As long as your share of the blame is not greater than the other party's, you can still recover money—just a reduced amount.
But even a small percentage of fault can significantly lower your recovery. That’s why it’s critical to have an experienced legal team in your corner that won’t let the insurance company twist the facts.
Why Choose Christmas Injury Lawyers
You may be wondering: How do I prove I wasn’t at fault? What if the insurance company already said I’m partially to blame?
At Christmas Injury Lawyers:
- We dig deep to uncover all the facts
- We challenge unfair fault claims head-on
- We go to court if the insurance company refuses to play fair
You didn’t ask to be in an accident—and you shouldn’t have to bear the financial burden for someone else’s recklessness. Our job is to level the playing field, and make sure the insurance companies pay what you’re truly owed.
Frequently Asked Questions About Fault and Comparative Negligence Laws
What happens if I’m found 50% at fault for a car accident case?
You can still recover damages—but your total award will be reduced by 50%. If you’re awarded $100,000, you’ll receive $50,000.
Can I still file a claim if I was partially at fault?
Yes. As long as you are not more than 50% responsible, you have the legal right to pursue a claim under South Carolina's modified comparative negligence rule.
How do insurance companies determine comparative fault?
Insurance companies look at evidence like police reports, photos, and witness statements. But they often interpret that information in ways that benefit them. That’s why having a lawyer on your side matters.
Will the police report determine who’s at fault?
Not entirely. While those reports are influential, they are not the final word. Fault is ultimately determined by evidence and, if necessary, the court.
What if I’m wrongly blamed for the accident?
Don’t panic. Our attorneys will thoroughly investigate your case, challenge the blame, and make sure the truth comes out.
Let Us Help You Move Forward - Get Your Free Consultation
You’ve been through enough already. The last thing you need is to be blamed for something that wasn’t your fault. At Christmas Injury Lawyers, we fight for injury victims every single day, and we’re ready to fight for you too.
If you were injured in a car accident and fault is being questioned, don’t wait. Call us at (843) 380-4112 or click 'Contact Us' to speak with our team today.
You are not alone—and you do not have to do this by yourself.
