Comparative Fault in South Carolina Personal Injury Cases Explained
When someone is hurt in an accident, one of the first questions that comes up is who caused it. In many cases, the answer is not simple. More than one person may have played a role. South Carolina uses a system called modified comparative fault to sort out responsibility and determine who gets paid and how much. Understanding this system matters if you are thinking about filing a personal injury claim or defending against one.
What Fault Means in a Personal Injury Case
Fault is about responsibility. In legal terms, it usually comes down to negligence. A person is negligent when they fail to act with reasonable care and that failure causes harm.
In a car crash, for example, a driver who runs a red light is likely negligent. But what if the other driver was speeding? Both drivers may share blame. Fault is not always all or nothing. It can be divided between people based on what each one did or failed to do.
South Carolina law allows juries and insurance companies to assign a percentage of fault to each party involved.
South Carolina’s Modified Comparative Fault Rule
South Carolina follows a modified comparative fault system with a 51 percent bar rule. This means an injured person can recover damages only if they are 50 percent or less at fault for the accident. If they are found to be 51 percent or more at fault, they recover nothing.
If the injured person is partly at fault but still under the 51 percent limit, their compensation is reduced by their percentage of fault.
Here is a simple example. Suppose a jury decides your total damages are worth $100,000. If you are found 20 percent at fault, your award is reduced by 20 percent. You would receive $80,000. If you are found 50 percent at fault, you would receive $50,000. But if you are found 51 percent at fault, you get zero.
This rule makes fault a central issue in every South Carolina injury case.
How Fault Is Decided
Fault can be decided in different ways depending on how the case is resolved.
If a case settles, the parties usually negotiate fault as part of the settlement. Insurance adjusters look at police reports, witness statements, photos, videos, and medical records. They also review traffic laws, safety rules, and past case outcomes. Based on all this, they argue about who is responsible and by how much.
If a case goes to trial, a jury decides fault. The jury hears evidence from both sides and assigns a percentage of blame to each party. In some cases, fault may also be assigned to people who are not even part of the lawsuit, such as a third driver who is not being sued.
Judges explain the law, but juries decide the facts.
Why Small Details Matter
Because South Carolina uses a 51 percent cutoff, small details can make a huge difference. Shifting just a few percentage points of fault can change a case from a full recovery to no recovery at all.
Take a slip and fall case. A store may argue that the customer was looking at their phone instead of watching where they were going. The customer may argue that the floor was dangerously wet with no warning signs. If the jury thinks the customer is mostly to blame, even by a small margin, the case is lost.
In car accidents, issues like speed, seatbelt use, phone use, lighting, and weather conditions can all affect fault. Each fact can push the percentage up or down.
Comparative Fault and Car Accidents
Car accident cases are where comparative fault comes up most often.
Some common shared-fault situations include:
- One driver speeds while the other fails to yield
- One driver is distracted while the other makes an unsafe turn
- Both drivers break traffic rules in different ways
- Road conditions contribute along with driver error
South Carolina allows fault to be divided among multiple drivers. For example, Driver A might be 60 percent at fault, Driver B 30 percent, and Driver C 10 percent. Each party’s responsibility affects how damages are paid.
If you sue only Driver A, their insurance company may still argue that you or another driver shares part of the blame. That reduces what they have to pay.
Comparative Fault in Slip and Fall Cases
Slip and fall claims often turn on what the injured person was doing at the time.
Property owners must keep their premises reasonably safe. But visitors also have a duty to watch where they are going.
Fault might be shared if:
- The hazard was open and obvious
- The injured person ignored warning signs
- The injured person was running or not paying attention
- The property owner failed to fix a known danger
A jury might decide the owner was careless for not cleaning up a spill, but the visitor was careless for not watching their step. Both can be at fault at the same time.
Comparative Fault in Workplace Injuries
Some workplace injuries are handled through workers’ compensation, which usually does not consider fault. But when a third party is involved, comparative fault can matter.
For example, if a construction worker is hurt by a subcontractor’s mistake, the worker may file a personal injury claim against that subcontractor. The defense may argue that the worker also acted unsafely. If the worker is found more than 50 percent at fault, the claim fails.
Even if the worker is less than 51 percent at fault, any award will be reduced.
Multiple Defendants and Shared Fault
Sometimes more than one person or company is responsible for an injury.
South Carolina allows fault to be divided among all responsible parties. This includes defendants in the case and sometimes non-parties who contributed to the accident.
Each defendant is responsible only for their share of fault. If one defendant is 20 percent at fault, they generally pay 20 percent of the damages.
This matters when one party does not have enough insurance or money to pay. You may not be able to collect the full amount even if your total damages are high.
Insurance Companies and Fault Arguments
Insurance companies focus heavily on fault because it directly affects what they pay.
They may try to:
- Shift blame onto you
- Blame someone who is not part of the claim
- Argue that your injuries are partly from another event
- Minimize their insured’s role
They often use recorded statements, social media, photos, and surveillance to support their arguments. Something as simple as saying “I didn’t see them” can be twisted into an admission of fault.
This is why it is risky to talk to insurance adjusters without legal guidance.
Proving the Other Party’s Fault
To succeed in a South Carolina injury case, you must prove that the other party was negligent and that their negligence caused your injuries.
This usually involves showing:
- They owed you a duty of care
- They breached that duty
- The breach caused the accident
- You suffered real damages
Evidence may include:
- Police or incident reports
- Photos and videos
- Witness statements
- Medical records
- Expert testimony
The stronger your proof, the harder it is for the defense to shift blame onto you.
How Your Actions Can Affect Your Case
Your own behavior before and after an accident can change how fault is viewed.
Things that can hurt your case include:
- Ignoring safety rules
- Using your phone while driving or walking
- Failing to seek medical care
- Posting about the accident online
- Giving inconsistent statements
Even if you were mostly careful, small mistakes can be used to raise your fault percentage.
Settlements and Comparative Fault
Most injury cases settle before trial. Comparative fault still plays a role in settlement talks.
Each side estimates what a jury might do. They argue about how much blame would likely be placed on each person. Those estimates shape the final dollar amount.
For example, if both sides agree you might be 25 percent at fault, they will likely discount the value of the case by about 25 percent during negotiations.
But these are just predictions. That is why some cases go to trial when the sides cannot agree on fault.
Why Legal Guidance Matters
Because of South Carolina’s 51 percent rule, fault is often the make-or-break issue. A small shift in blame can change everything.
A personal injury lawyer can:
- Investigate the accident
- Gather and protect evidence
- Deal with insurance companies
- Challenge unfair fault claims
- Prepare for trial if needed
Without experienced help, it is easy to say or do something that raises your fault percentage.
Conclusion
Comparative fault shapes every personal injury case in South Carolina. It decides whether you recover anything at all and how much you receive.
You can still recover damages even if you made mistakes, as long as you are not more than 50 percent to blame. But the more fault assigned to you, the less money you can recover.
That is why details matter. Evidence matters. And early decisions matter.
If you have been hurt, understanding how fault works can help you protect your rights and avoid costly mistakes.
