One of the biggest questions car accident victims have after a crash is simple but important: What if I was partly to blame?
The good news is that in South Carolina, you may still be eligible to recover financial compensation even if you share some of the fault. However, how much you can recover—and whether you can recover anything at all—depends on the state’s comparative negligence rule.
Attorney Kent Collins, a Lexington car accident lawyer, explains what comparative negligence means, how it impacts your potential compensation, and why it’s so important to understand this concept before accepting any insurance settlement offer.
What Is Comparative Negligence?
South Carolina follows a legal standard known as modified comparative negligence, as defined under S.C. Code § 15-38-15. This rule governs how fault is divided among all parties involved in an accident and how damages are adjusted accordingly.
Here’s how it works:
- You can recover damages as long as you are found to be less than 51% at fault for the accident.
- Your total recovery is reduced by your percentage of fault.
Example: If you are awarded $100,000 in damages but found to be 20% at fault, your recovery will be reduced by 20%, meaning you would receive $80,000.
This rule allows victims to recover compensation even when they share some responsibility — but it also gives insurance companies a reason to try to shift more blame onto you. Understanding how this system works can make a major difference in your financial recovery.
Why Comparative Negligence Exists
Comparative negligence is designed to make the legal system fairer. In the past, many states used a contributory negligence rule, which barred injured victims from recovering anything if they were even 1% at fault. South Carolina’s current law recognizes that accidents are rarely caused by one person alone.
Instead, it allows damages to be allocated in proportion to each party’s responsibility. This approach encourages accountability while still protecting the rights of those who are injured through no fault of their own—or whose mistakes were minor compared to another driver’s negligence.
It also helps ensure that victims can still recover compensation for medical bills, property damage, lost income, and pain and suffering, as long as they are not primarily responsible for the collision.
How Fault Is Determined in South Carolina
In every car accident case, fault must be determined before damages can be paid. In South Carolina, fault is evaluated using evidence gathered from the scene, along with testimony and expert analysis.
Those who typically assess fault include:
- Insurance adjusters reviewing claims
- Attorneys representing each party
- Judges or juries in court
Evidence often includes:
- Police reports that outline who was cited for violations
- Eyewitness statements
- Traffic camera or dashcam footage
- Accident reconstruction reports
- Cell phone records and event data from the vehicles involved
South Carolina also relies heavily on its traffic laws to assess fault. For example, a driver who runs a red light, fails to yield, or drives under the influence will likely be assigned a larger percentage of responsibility. However, even the other driver could share fault—for instance, if they were speeding or not wearing a seatbelt.
Why Insurance Companies Use Comparative Negligence Against You
Insurance companies are businesses with one primary goal: paying as little as possible on claims. Comparative negligence gives them a powerful tool to reduce or deny payouts.
An insurer may:
- Claim you were speeding, distracted, or not paying attention
- Argue you could have avoided the accident if you had reacted differently
- Use statements you made after the crash to suggest partial fault
For example, if you tell an adjuster, “I didn’t see the other car,” that comment could later be twisted into an admission of negligence. Insurers often use such tactics to inflate your percentage of fault and lower what they owe you.
That’s why it’s critical to avoid discussing details of the accident with the other party’s insurance company before speaking with your own attorney.
How an Attorney Can Help Protect You
An attorney’s role in a comparative negligence case is to protect your rights and ensure you are not unfairly blamed for an accident. Kent Collins works to:
- Challenge inaccurate or exaggerated fault assignments
- Present strong evidence to minimize your percentage of responsibility
- Negotiate with insurance companies to pursue a fair settlement
- Prepare your case for trial if insurers refuse to act in good faith
By carefully investigating the circumstances of the crash—interviewing witnesses, gathering documentation, and analyzing accident scene data—an attorney can make sure your side of the story is fully represented.
Even a small difference in fault percentage can significantly change the outcome. For instance, reducing your assigned fault from 51% to 49% could mean the difference between receiving compensation and receiving nothing at all.
Common Scenarios Where Comparative Negligence Applies
Comparative negligence often comes into play in the following situations:
1. Rear-End Collisions: While the driver in back is often presumed at fault, the front driver may share blame if their brake lights were out or if they made a sudden unsafe stop.
2. Intersection Accidents: Both drivers may claim they had the green light. Evidence like traffic camera footage can help clarify who truly had the right of way.
3. Pedestrian Accidents: A pedestrian crossing outside a crosswalk could share partial fault, but a speeding or distracted driver may still bear the majority.
4. Multi-Vehicle Crashes: When several vehicles are involved, each driver’s percentage of fault must be carefully calculated based on the chain of events.
In every example, the details matter—and so does how effectively your case is presented.
FAQs About Comparative Negligence
1. Can I recover damages if I was 50% at fault?
Yes. As long as you are 50% or less responsible, you can still recover compensation under South Carolina law. However, if you are 51% or more at fault, you cannot recover.
2. What happens if multiple drivers share fault?
Each driver’s percentage of fault is determined separately, and damages are divided accordingly. For example, if three drivers contributed to a crash, one might be 10% at fault, another 40%, and the last 50%. Each party’s financial liability will match those percentages.
3. Why should I hire a lawyer if I was partially at fault?
Because insurance companies may overstate your share of the blame. An attorney can collect evidence, handle communication with insurers, and advocate for an accurate evaluation of your responsibility.
Understanding the 51% Bar Rule
South Carolina’s “51% bar rule” is what makes the state’s comparative negligence law a “modified” version. If your share of fault reaches 51%, you lose the right to recover damages.
That’s why it’s so important to have strong legal representation early in your case. The difference between being found 50% at fault and 51% at fault can determine whether you receive significant compensation or nothing at all.
Steps to Take After a Car Accident
To protect yourself after a crash, you should:
1. Call law enforcement immediately to create an official accident report.
2. Seek medical attention, even if you feel fine. Some injuries appear later.
3. Take photos of the scene, vehicles, and any visible injuries.
4. Collect witness information while details are fresh.
5. Avoid discussing fault with anyone other than your attorney.
6. Consult a lawyer before giving statements to insurance companies.
These steps help preserve crucial evidence that can later prove your percentage of fault is lower than insurers claim.
Get Help with Comparative Negligence Cases
Don’t let an insurance company unfairly blame you for an accident. You deserve a fair evaluation and the compensation the law allows.
Attorney Kent Collins and his team are committed to protecting your rights and guiding you through every step of your car accident claim.
Contact Kent Collins Law today for a free consultation to discuss your case and learn more about how comparative negligence may affect your recovery.
Call 803.808.0905 today or visit our Contact Us page to schedule your consultation.
