What if you were hurt in an accident, but someone says you were partly to blame? Maybe you were going a little over the speed limit. Maybe you did not see the other driver in time. Does that mean you cannot recover anything? Not in South Carolina.
Comparative negligence plays a big role in many personal injury cases, and it can directly affect how much compensation you receive. If you are not sure how fault is being assigned in your case, this is where things start to matter.
Comparative negligence is the rule South Carolina uses to decide how fault is shared after an accident. Instead of blaming just one person, the law looks at everyone involved and assigns each party a percentage of fault. That percentage then affects what you can recover.
South Carolina follows what is called modified comparative negligence. This means you can recover damages as long as you are not more than 50 percent at fault for the accident.
The percentage of fault assigned to you has a direct impact on your compensation.
This is why fault is often one of the most heavily contested parts of a personal injury case.
Fault is not always obvious, and it is rarely agreed upon right away.
Insurance companies, attorneys, and sometimes a jury will look at several factors, including police reports, witness statements, photos, video footage, and any available physical evidence from the scene.
In many cases, insurance companies try to shift more of the blame onto you to reduce what they have to pay. Even a small increase in your percentage of fault can make a significant difference in the outcome
When fault is being divided, the details matter.
An experienced personal injury lawyer can investigate the accident, challenge unfair assumptions, and present evidence that supports your side of the story. The goal is to make sure you are not assigned more fault than you should be.
Without that pushback, it is easy for insurance companies to control the narrative.
If you have been injured in an accident and questions about fault are already coming up, it is worth having someone review your case early.
Lesemann and Associates works with injury victims across Charleston and the surrounding areas to evaluate claims, gather evidence, and address disputes over fault before they affect the outcome.
Reach out today to talk through what happened and get a clearer picture of what your case may look like under South Carolina’s comparative negligence rules.
