Understanding South Carolina’s Comparative Negligence Law: Can You Still Recover Damages?

If you’ve been involved in an accident in South Carolina and you were partially at fault, you may be wondering whether you can still recover damages. The answer is: it depends. South Carolina follows a legal doctrine called comparative negligence, and understanding how it works could be key to your case.

What Is Comparative Negligence? Comparative negligence allows multiple parties to share fault for an accident. In South Carolina, you can still recover damages as long as you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

Example Scenario: Suppose you were involved in a car accident and found to be 30% at fault because you were speeding. If your total damages are $100,000, you would still be eligible to recover $70,000 (i.e., 70% of the total).

Why Fault Percentage Matters Insurance companies will often try to increase your share of the blame to reduce their payout. That’s why it’s crucial to have legal representation that can present evidence, counter arguments, and ensure your side of the story is clearly heard.

Common Situations Where Shared Fault Applies:

• Rear-end collisions where the lead driver brakes suddenly

• Left-turn accidents where both drivers made poor judgments

• Accidents involving speeding or distracted driving by multiple parties

How Is Fault Determined? Fault is usually assessed by:

• Police accident reports

• Witness statements

• Traffic camera or dash cam footage

• Expert analysis

Protecting Your Claim To preserve your ability to recover compensation:

• Don’t admit fault at the scene

• Gather as much evidence as possible

• Speak to an attorney before talking to any insurance adjusters

Why Legal Help Is Crucial Navigating comparative negligence laws without legal guidance can put your case at risk. At Josephs Law Firm, PA, we specialize in helping clients build strong cases to recover maximum compensation.

Bottom Line: Yes, you can still recover damages in South Carolina even if you were partially at fault—as long as your fault is 50% or less. The key is working with experienced legal professionals who understand how to prove and argue fault effectively.

Reach out to Josephs Law Firm, PA for a free case evaluation.