Key Takeaways
- South Carolina uses a modified comparative negligence rule for personal injury cases, so an injured person can recover compensation when their share of fault is 50% or less.
- Any compensation awarded is reduced by the percentage of fault assigned to the injured person.
- Evidence such as photographs, medical records, witness statements, and accident reports can challenge an unfair fault assessment.
South Carolina’s comparative negligence rule can reduce a claimant’s compensation based on their determined share of fault; it bars recovery when that share exceeds 50%. That is why insurers often argue that an injured person contributed to an accident. However, our Columbia personal injury lawyers can review the evidence and challenge an unsupported percentage of fault.
What Is South Carolina’s Modified Comparative Negligence Rule?
South Carolina follows a modified comparative negligence rule. A person may recover damages when their fault is not greater than the other party’s fault, but the award is reduced according to their percentage of responsibility. If the person is more than 50% at fault, recovery is barred. South Carolina Code Section 15 38 15 also addresses how fault is assigned among multiple parties.
How Can Being Partly at Fault Reduce Your Compensation?
Compensation decreases according to the percentage of fault assigned to the injured person. For example, someone with $100,000 in damages who is found 20% responsible could recover $80,000. In Columbia, fault may become an issue after car accidents on roads such as Assembly Street, Gervais Street, or Broad River Road, where drivers may dispute who caused a collision.
How Do Insurers Use Comparative Fault to Lower Payouts?
Insurers may argue that an injured claimant contributed to an accident through speeding, distracted driving, failing to yield, or another action. For example, after a collision near Five Points, an insurer might blame one driver for speeding, even though they were driving at or below the speed limit. A Columbia, SC, personal injury lawyer can review whether those allegations match the available evidence.
What Evidence Helps Counter a Shared Fault Argument?
Evidence that may challenge a shared fault argument includes:
- Photographs of vehicles, road conditions, traffic signals, and property damage
- Police reports and witness statements
- Medical records connecting injuries to the incident
- Surveillance or traffic camera footage when available
- Vehicle data and other records showing how the incident occurred
Evidence such as that may come from businesses, residences, intersections, and roadways throughout Richland County.
How a Columbia, SC, Personal Injury Attorney Can Protect the Value of Your Claim
A personal injury lawyer in Columbia, SC, can review accident reports, medical records, photographs, witness accounts, and other evidence when an insurer alleges shared fault. When several parties contributed to an injury, our team can also address how South Carolina law applies to each party’s share of responsibility. In addition, if a fair settlement cannot be reached, we can represent you in court.
Frequently Asked Questions
Can someone recover money if they were partly at fault?
Yes. Recovery generally remains available when the person’s fault is 50% or less, although the award is reduced according to that percentage.
Who decides how much fault each person has?
When the evidence creates competing factual conclusions, the jury generally determines the parties’ respective percentages of fault.
Does an insurance company decide the final percentage of fault?
An insurer may propose a percentage during settlement negotiations, but a disputed percentage can ultimately be decided in court.
Columbia Personal Injury Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Protect Claims From Shared Fault
To learn how comparative negligence might impact your claim, contact the Columbia personal injury lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Our trusted legal team will be your advocate. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.