Comparative Negligence in South Carolina: How Shared Fault Affects Your Injury Claim
South Carolina follows modified comparative negligence (the 51% bar). We break down what that means for Charleston injury claims when you share blame.
South Carolina is one of the modified comparative negligence states, and the rule changes the math on every personal injury case. Under Nelson v. Concrete Supply Co., a plaintiff can still recover damages even if they were partly at fault — as long as their share of the fault is not greater than the defendant's. This is commonly called the "51% bar."
The 51% Bar in Plain English
If a Charleston jury finds you 50% at fault for a wreck, you still recover — but your damages are reduced by your percentage of fault. If they find you 51% at fault, you recover nothing. That single percentage point is the difference between a six-figure verdict and a zero. This is why insurance companies fight so hard to push fault percentages onto injured plaintiffs.
How Insurers Use Comparative Fault Against You
Adjusters routinely argue that an injured driver was speeding, distracted, failed to keep a proper lookout, or did not wear a seatbelt. In premises liability cases, defendants argue the hazard was "open and obvious." In a Mount Pleasant slip and fall, the store may argue you were looking at your phone. Each of these arguments is designed to push your share of fault past the 51% line — or at least far enough to shave the value of the claim.
Practical Examples From Lowcountry Cases
Consider a Charleston rear-end collision where the lead driver brake-checked the following car. A jury might find the rear driver 70% responsible (failing to maintain a safe distance) and the lead driver 30% responsible (improper braking). The injured rear driver recovers nothing because they crossed the 51% line. Flip the percentages — 30% to the rear driver, 70% to the lead driver — and the rear driver collects 70% of their damages.
Building a Case That Survives the 51% Bar
Strong injury cases address comparative fault head-on. That means preserving the FR-10 report, securing independent witnesses, getting a reconstructionist involved when needed, and presenting medical evidence that ties the injuries to the defendant's conduct rather than to the plaintiff's. The earlier this work begins, the harder it is for the insurance company to inflate your share of the blame.
How Traywick Law Helps
Our office regularly represents clients across Charleston, Mount Pleasant, and the Lowcountry on issues like these. Learn more about our Charleston injury practice, or visit the main Traywick Legal Blog for additional case analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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