How South Carolina's Comparative Negligence Rule Affects Your Claim

The Incident

A driver runs a red light on Dorchester Road and hits a car that was traveling slightly over the speed limit. A shopper slips on a wet floor at a North Charleston store and had not seen the small warning sign near the entrance. A pedestrian jaywalks across East Bay Street and is struck by a speeding driver. In each scenario, both parties contributed in some way to the accident. South Carolina’s modified comparative negligence system determines how much each party’s fault reduces — or eliminates — the injured person’s right to recover compensation.

What South Carolina Law Says

South Carolina follows a modified comparative negligence system with a 51% bar. Under S.C. Code Ann. § 15-38-15, a plaintiff who is found to be more than 50% at fault for their own injuries cannot recover anything from other at-fault parties. If their fault is 50% or less, they can recover — but their recovery is reduced by their own percentage of fault.

For example:

• If a Charleston jury finds the injured person 20% at fault and awards $100,000 in damages, the recovery is $80,000.
• If the jury finds the injured person 40% at fault, the recovery is $60,000.
• If the jury finds the injured person 51% or more at fault, recovery is zero.

This standard applies whether the case is resolved through a settlement negotiation or a jury verdict. Insurers use it aggressively in settlement negotiations: attributing even 25% fault to the injured person reduces their obligation by 25%.

How Insurers Use Comparative Fault

Adjusters are trained to investigate the injured party’s conduct and find arguments that shift fault percentages. Common tactics in South Carolina injury claims include:

• Arguing a car accident victim was speeding or following too closely even when the other driver ran a stop sign.
• Claiming a slip and fall victim ignored a warning sign or was distracted by their phone.
• Asserting a pedestrian had time to avoid a turning vehicle if they had been paying attention.
• Using social media or surveillance footage to show physical activity inconsistent with claimed limitations.

Each of these arguments, if successful, shifts fault to the injured person and reduces the insurer’s payout. An attorney reviewing the claim can identify these tactics and counter them with the available evidence.

What This Means for Charleston Residents

Even if you believe you were partially at fault for an accident in South Carolina, you may still have a valid claim. The question is not whether you contributed at all — it is whether your contribution exceeded 50%. Many people who assume they have no case because of partial fault are entitled to significant recovery. Understanding how comparative negligence applies to your specific situation requires a review of the facts and evidence by a South Carolina personal injury attorney.

This article is for general informational purposes and is not legal advice. You can submit your facts for a paid legal opinion or contact Traywick Law Offices to discuss your case.