If you’ve been hurt in a car accident, slip and fall, or any other type of personal injury incident, one of the first questions you might ask is, “What if I was partly at fault?” South Carolina law has a clear answer through a rule called comparative negligence. This law affects how much money you can recover when both you and another party share some blame.

Understanding comparative negligence is important because it can make the difference between getting fair compensation or getting nothing at all. Let’s break down how the rule works, what it means for your case, and why it’s so important to speak with an attorney early on.

What Is Comparative Negligence?

Comparative negligence is a legal rule that assigns blame between parties involved in an accident. In simple terms, if you are partly responsible for what happened, your compensation might be reduced by the percentage of fault you share.

South Carolina follows a modified comparative negligence system with a 51% bar rule. That means:

• You can recover damages if you are 50% or less at fault.
• You cannot recover damages if you are more than 50% at fault.

This rule applies to most personal injury cases, including car accidents, premises liability, and some workplace injuries where third parties are involved.

An Example of Comparative Negligence in Action

Let’s say you were rear-ended at a stoplight, but your brake lights weren’t working at the time. The other driver wasn’t paying attention, but your faulty brake lights may have contributed to the crash.

A jury decides the other driver is 80% at fault. You’re found 20% at fault. You were awarded $100,000 in damages. Your total recovery would be reduced by 20%, so you’d receive $80,000.

But if the court found you 51% or more responsible, you wouldn’t be able to recover anything at all.

How Is Fault Determined in South Carolina?

Determining fault isn’t always simple. In most cases, insurance companies, attorneys, and sometimes the courts will evaluate:

• Police reports and accident documentation
• Witness statements
• Photographs and video footage
• Expert opinions (like accident reconstruction)

This is why solid documentation and quick legal support are so important. You want to make sure your side of the story is clearly supported from the start.

Types of Cases Where Comparative Negligence Applies

While it most commonly comes up in car accident cases, comparative negligence can play a role in many different situations, such as:

• Slip and fall accidents (where the injured person was distracted or in a restricted area)
• Bicycle or pedestrian accidents (if a person crossed outside a crosswalk)
• Product liability claims (if a consumer used the product in a way it wasn’t intended)
• Construction or worksite accidents (involving multiple companies or workers)

Every case is unique, and even small differences in facts can affect the way fault is assigned.

Why Insurance Companies Love This Rule

Insurance companies often try to use comparative negligence to their advantage. Their goal is to shift blame onto you, even if the other party clearly caused the accident. If they can show you were more than 50% responsible, they don’t have to pay anything.

That’s why having a skilled personal injury attorney matters. Your legal team will gather evidence to support your claim, fight back against blame-shifting, and negotiate for a fair outcome.

What If Multiple People Are Involved in the Accident?

Comparative negligence also applies when more than two parties are involved. Each person’s percentage of fault is considered when determining how damages are split.

For example, in a three-car accident, one driver could be found 60% at fault, another 25%, and the third 15%. If you’re the injured party and found to be 25% at fault, your damages would still be reduced accordingly, but you wouldn’t be barred from recovery unless you crossed the 51% threshold.

Legal Deadlines Still Apply

Even if you’re only partially at fault, you must still act quickly. South Carolina gives injured people generally two or three years from the date of the accident to file a personal injury lawsuit. If you miss that deadline, you could lose your chance to recover anything, no matter how strong your case is.

That’s another reason why it’s smart to speak with an attorney as soon as possible after an accident.

When to Call a Personal Injury Attorney

If there’s any question about who caused the accident, or if the insurance company says you were partly to blame, don’t wait. Talk to a legal team that understands how comparative negligence works in South Carolina.

An attorney can help you:

• Investigate the accident thoroughly
• Collect and preserve critical evidence
• Deal with the insurance company on your behalf
• Build the strongest case possible for full compensation

Protecting Your Right to Fair Compensation

If you were injured in an accident and think you might share some blame, don’t give up hope. South Carolina’s comparative negligence law is designed to make sure people can still recover damages as long as they weren’t mostly at fault.

Winslow Law serves injured clients across the Grand Strand and Midlands, including Myrtle Beach, Columbia, and Pawleys Island. Our team knows how to fight for fair outcomes in complex cases involving shared fault. We’re here to help you understand your rights and take the next step forward.

Winslow Law—Committed counselors for our clients and community.

FAQs

 

1. What happens if I’m partly at fault for an accident in South Carolina?

You can still recover damages as long as you’re 50% or less at fault. Your compensation will be reduced by your percentage of responsibility. If you’re found more than 50% responsible, you can’t collect anything.

2. How do I prove I wasn’t mostly to blame?

Gather as much evidence as you can, including police reports, photos, and witness statements. Your attorney can help investigate further and work with experts to support your case.

3. Can I settle a case even if I was partly at fault?

Yes. Many cases settle outside of court even when there’s shared blame. A skilled attorney can negotiate with the insurance company to make sure your degree of fault is fairly represented and you’re not being taken advantage of.