If you’ve been injured in an accident, determining who was at fault is crucial to your personal injury claim. But what happens when more than one party shares responsibility? That’s where comparative negligence comes into play. South Carolina follows a modified comparative negligence rule, which means your ability to recover damages depends on your level of fault. In this blog, we’ll break it down so you don’t feel left in the dark.

What Is Comparative Negligence?

Comparative negligence is a legal principle that assigns fault to multiple parties involved in an accident. Instead of one party being entirely responsible, the law allows for shared liability based on each person’s contribution to the accident. This means that even if you were partially at fault, you might still be eligible for compensation, depending on the circumstances.

How Does South Carolina’s Modified Comparative Negligence Rule Work?

South Carolina operates under a 51% bar rule in modified comparative negligence cases. Here’s what that means:

  • You can recover damages if you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of your fault.
  • You cannot recover any damages if you are 51% or more at fault.

For example, if you were in a car accident and found to be 20% at fault, your compensation would be reduced by 20%. If your total damages were $100,000, you would receive $80,000 after the reduction. However, if you were found to be 55% at fault, you would receive nothing.

How Fault Is Determined in a Personal Injury Case

Determining fault isn’t always straightforward. Several factors can influence how liability is assigned, including:

  • Police reports from the accident scene
  • Eyewitness testimony
  • Surveillance footage
  • Accident reconstruction analysis
  • Medical records

Insurance companies and courts analyze this evidence to assess each party’s level of negligence. This process can be complex, so having an experienced personal injury attorney is essential.

Examples of Comparative Negligence in Action

Car Accident Scenario:

Imagine driving slightly over the speed limit when another driver runs a red light and crashes into you. The court determines that the other driver was 80% at fault for ignoring the traffic signal, but because you were speeding, you were 20% at fault. If your total damages were $50,000, you would receive $40,000 after the 20% reduction.

Slip and Fall Case:

You slip and fall at a grocery store due to a wet floor, but the investigation reveals that you were texting while walking and didn’t notice the warning sign. The court finds you 30% responsible for the accident, which means your compensation is reduced accordingly.

Why Understanding Comparative Negligence Matters

Knowing how comparative negligence works is essential for protecting your right to compensation. Insurance companies may try to shift more blame onto you to reduce the amount they have to pay. A skilled personal injury law attorney can help ensure that fault is reasonably assigned and you receive the compensation you deserve.

Get Help with Your Personal Injury Case from Leffew Law Firm

If you’ve been injured in an accident and need guidance on how comparative negligence might impact your case, Leffew Law Firm is here to help. Our experienced personal injury attorneys will fight to protect your rights and maximize your compensation. Contact us today for a free consultation!