If you’ve been injured in an accident, you may still recover compensation even if you were partly at fault. South Carolina follows a modified comparative negligence rule, which means your compensation is reduced by your percentage of fault.
Under South Carolina law:
Suppose your damages total $100,000.
Because you were less than 51% responsible, you could still recover compensation. However, your award would be reduced by 20%, leaving you with $80,000.
South Carolina uses comparative negligence, not contributory negligence.
Under contributory negligence, being even 1% responsible could prevent recovery entirely. South Carolina adopted the more forgiving comparative negligence system in 1991.
Yes. Insurance companies often argue that injured victims share fault because every percentage point they assign to you reduces what they have to pay.
Common arguments include:
This is one reason why gathering evidence and speaking with an attorney early can be important.
If you are 50% or less responsible, you may seek compensation for:
| Your Fault | Recovery |
| 0% | 100% |
| 10% | 90% |
| 25% | 75% |
| 50% | 50% |
| 51% | 0% |
Insurance companies routinely try to shift blame to injured victims. At Mastantuno Law Firm, we fight to ensure fault is assigned fairly and pursue the maximum compensation available under South Carolina law.
Contact Mastantuno Law Firm today for a free consultation.
Yes. South Carolina follows a modified comparative negligence rule. If you are 50% or less at fault, you may still recover compensation, but your recovery will be reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.
Fault is determined by reviewing evidence such as police reports, witness statements, photographs, surveillance footage, accident reconstruction, and other available evidence. Insurance companies and, if necessary, a jury may determine each party’s percentage of fault.
Comparative negligence allows an injured person to recover compensation even if they share some responsibility for the accident. Contributory negligence, which some states still follow, can completely bar recovery if the injured person is even slightly at fault. South Carolina uses modified comparative negligence.
Yes. Insurance companies often argue that an injured person shares responsibility because reducing your percentage of fault lowers the amount they may have to pay. An attorney can help challenge unfair fault allegations and protect your claim.
Comparative negligence commonly applies to car accidents, truck accidents, motorcycle accidents, slip and fall accidents, and many other negligence-based personal injury claims. Whether it applies depends on the facts of the case.
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