When a car accident in South Carolina occurs, determining who pays for damages becomes more complicated when multiple parties share responsibility. South Carolina comparative negligence rules allow accident victims to recover compensation even when they bear some fault, and this principle affects how insurance companies evaluate claims and how courts award damages.
At Briggs Law Group, our Charleston personal injury attorneys help residents seek fair compensation after collisions where fault remains disputed. Many accident victims lose money because they do not know how partial responsibility impacts their case. South Carolina negligence law provides specific guidelines that protect your right to compensation when another driver shoulders most of the blame.
The Foundation of South Carolina Negligence Law
South Carolina follows a modified comparative negligence system under South Carolina Code Section 15-38-15. This statute establishes that accident victims can pursue compensation as long as they are less than 51 percent responsible for the collision. The law reduces your compensation by your percentage of fault. If you hold 20 percent responsibility, you receive 80 percent of the total damages.
Courts and insurance adjusters examine evidence to assign fault percentages. Each party’s actions before the crash determine their share of responsibility. For instance, a driver who ran a red light bears more fault than one who failed to use a turn signal.
This system differs from pure comparative negligence states, where victims recover damages regardless of their fault percentage. It also contrasts with contributory negligence jurisdictions that bar recovery if the victim holds any responsibility. South Carolina strikes a balance that protects seriously injured victims while preventing those primarily at fault from recovering damages.
Common Scenarios Where Fault Gets Shared
Multiple situations create shared liability in traffic collisions.
- Rear-end accidents typically favor the trailing driver, but the lead vehicle may share fault if brake lights malfunctioned or the driver stopped suddenly without cause.
- Intersection crashes often involve disputed right-of-way claims where both drivers may have violated traffic rules.
- Lane change accidents present complex fault questions. The merging driver usually bears primary responsibility, but the other vehicle may share blame if it sped up to block the lane change or drove in a blind spot.
- Left-turn collisions generally fault the turning driver, yet the oncoming vehicle may contribute to the crash by exceeding speed limits or running a red light.
- Weather-related accidents complicate fault determination. Drivers must adjust speed for road conditions, but both parties may share responsibility when ice or heavy rain reduces visibility and traction.
- Parking lot collisions frequently involve shared fault because both vehicles often move simultaneously without a clear right-of-way.
How Insurance Companies Apply Comparative Fault
Insurance adjusters use South Carolina comparative negligence principles to minimize claim payouts. They scrutinize accident details, looking for any behavior that suggests victim responsibility. Even minor violations become leverage for reducing settlement offers.
Adjusters often exaggerate victim fault percentages during negotiations. They may claim you drove five miles above the speed limit or looked at your phone seconds before impact. These tactics aim to increase your fault percentage and decrease their payment obligation. Documentation becomes critical for challenging inflated fault assessments.
Insurance companies employ several strategies when multiple parties share blame:
- Requesting recorded statements that capture admissions of partial fault
- Highlighting any traffic citations you received, regardless of accident causation
- Using gaps in medical treatment to suggest injuries were not serious
- Arguing that failure to wear a seatbelt increased injury severity
South Carolina law allows seatbelt evidence in court, unlike some states that exclude it. Adjusters use this to argue that your negligence worsened injuries even when another driver caused the collision. Quick legal representation helps counter these tactics before you provide statements that damage your case.
Calculating Your Compensation Under Modified Comparative Negligence
Determining final compensation requires calculating total damages and applying fault percentages. Courts or insurers multiply this figure by your non-fault percentage.
Let’s say you are involved in an accident with $100,000 in total damages. If you bear 30 percent fault, you recover $70,000. If fault reaches 40 percent, recovery drops to $60,000. Once your responsibility hits 51 percent or more, South Carolina comparative negligence rules eliminate all compensation.
Accurate damage calculation requires thorough documentation. Medical records must connect injuries to the accident. Wage loss demands employer verification. Property damage needs repair estimates or replacement values. Pain and suffering calculations consider injury severity, recovery duration, and life impact.
Proving the other driver’s higher fault percentage demands compelling evidence. Traffic camera footage, dashcam video, and witness accounts carry substantial weight. Accident reconstruction experts analyze skid marks, vehicle damage, and road conditions to establish how the collision occurred. Their testimony often determines final fault percentages in disputed cases.
The Role of Evidence in Reducing Your Fault Percentage
Strong evidence shifts fault percentages in your favor. Photographs from the accident scene show vehicle positions, skid marks, and traffic control devices. Video footage eliminates disputes about what happened. Medical records document injury severity and treatment necessity.
Witness statements provide independent accounts of driver behavior before the collision. Police reports contain officer observations and preliminary fault assessments. Cell phone records prove whether distracted driving occurred. Vehicle maintenance records demonstrate whether mechanical failures contributed to the accident.
Several types of expert testimony strengthen car accident South Carolina claims:
- Accident reconstructionists who analyze physical evidence to determine vehicle speeds and impact angles
- Medical experts who connect injuries directly to collision forces
- Economic specialists who calculate the lifetime earnings loss for permanent disabilities
- Vocational rehabilitation professionals who assess reduced earning capacity after injuries
At Briggs Law Group, we gather comprehensive evidence before negotiating with insurance companies. Early investigation preserves critical evidence that disappears as time passes. Skid marks fade, witnesses forget details, and surveillance footage gets erased. Prompt legal representation protects your right to full compensation.
Areas We Serve in Charleston
Our firm represents accident victims throughout the Charleston metropolitan area. We serve clients in these zip codes: 29401, 29403, 29405, 29407, 29409, 29412, 29414, 29418, 29420, 29424, 29425, 29455, 29464, 29466, and 29492. Our local presence means we know Charleston roads, local courts, and area insurance practices that affect your case outcome.
Contact Us Today for Legal Help
Briggs Law Group fights for maximum compensation under South Carolina negligence law. We challenge unfair fault assessments, gather evidence that shifts responsibility to other drivers, and calculate full damage amounts that reflect your losses. Contact our Charleston office when a shared fault threatens your accident recovery.