Available 24/7
South Carolina car accident claims base fault on comparative negligence. Shealey Law Firm explains more about South Carolina’s fault laws for car accident claims.
What Does South Carolina’s Fault-Based System Mean for Drivers?
South Carolina’s fault-based system means that drivers may still qualify for compensation even if they share some fault for causing an accident. It is not an all-or-nothing approach. Fault may reduce compensation, but it does completely bar an award unless the plaintiff is 51% or more responsible.
Comparative Negligence in South Carolina
- Fault for car accident claims in South Carolina is usually based on negligence.
- Negligence is doing what a reasonably prudent person wouldn’t do. Also, it is not doing what a reasonably prudent person would do.
- Multiple parties can contribute to a car accident by acting negligently.
- The shared fault law allows a victim to receive some compensation even if they have some shared fault.
The car accident fault system in SC is called comparative negligence. The negligence of each party is compared and apportioned. The defendant is liable to pay compensation only to the extent that they are responsible for the accident. The law for comparative negligence in South Carolina is S.C. Code § 15-38-15.
South Carolina’s Fault Laws for Car Accident Claims and How Fault is Shared
- To be liable to pay compensation, the defense must have fault, and the plaintiff must prove that the defense is liable.
- Then, the defense can argue that the plaintiff is also liable; the defense must offer evidence of the plaintiff’s fault.
- The jury decides who is at fault.
- The jury assigns a percentage of fault to each party, totaling 100%.
- Damages are reduced by the amount that the plaintiff is at fault, by percentage.
- If the plaintiff is 51% or more at fault, they receive no compensation.
Proving Fault in a South Carolina Car Accident Case
It’s important to build evidence of fault in any South Carolina car accident case. This is especially so when comparative fault may be an issue. Fault may be proven by the position of vehicles, witness testimony, vehicle damage, videos, photos, and other evidence. You may rely on experts to explain technical information or accident reconstruction.
How Fault Impacts Compensation in South Carolina Car Accidents
If the plaintiff is at fault:
0% – They may recover 100% of their damages from the responsible party or parties.
1-50% – They may recover for the damages, reduced by their fault. See examples.
51% or more – No compensation for the plaintiff. Even if damages are high, they do not receive compensation.
Examples:
In all examples, car accident damages total $100,000.
The plaintiff is 0% at fault – They recover $100,000 from the defendant.
The plaintiff is 25% at fault – They recover $75,000 from the defendant. (25% of $100,000 is $25,000. The $25,000 share of the plaintiff’s fault is deducted from total damages, leaving $75,000 payable in compensation.)
The plaintiff is 50% at fault – They recover $50,000 from the defendant. (50% of $100,000 is $50,000. The $50,000 share of the plaintiff’s fault is deducted from total damages, leaving $50,000 payable in compensation.)
The plaintiff is 51% at fault – No recovery for the plaintiff.
Any additional amount of fault – No recovery for the plaintiff.
What if there are multiple defendants for comparative negligence?
When there are multiple defendants in a car accident claim, their negligence combined is compared to the plaintiff’s negligence. If the plaintiff’s negligence is more than all defendants combined, the plaintiff receives no compensation. The same 51% threshold still applies.
Each defendant is responsible for paying their share of liability.
Why Legal Representation Matters
Legal representation may be especially important when comparative negligence may be a question. Without a lawyer, it’s easy for the insurance company to say that you were 51% or more at fault. They may refuse to pay, ad you may not know what to do next.
Your lawyer can help you in multiple ways. Your lawyer can:
- Identify defendants to name in the case
- Respond to allegations that you are at fault
- Gather proof that the defense is at fault
- Make arguments to the jury
- Ask the court for jury instructions and other favorable rulings
- Explain what your case may be worth
- Negotiate with the insurance company
- Advise you about accepting an offer or pursuing your case further
- Answer your questions and advocate for you
Even if you have some fault, it can be worthwhile to claim compensation, especially if you have high damages. An attorney can help you evaluate how fault may be decided and how it could impact your claim.
SC Comparative Negligence Law
Until 1991, South Carolina used a contributory negligence system. The system was harsh – even slight negligence meant a plaintiff received no compensation. North Carolina still uses contributory negligence.
The SC courts first adopted comparative fault in 1991. (Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)). It became statutory law in 2005.
Contact Us Today
At Shealey Law Firm, we handle tough cases. If you’ve been in a car accident, and you need to understand how South Carolina comparative negligence law works, contact us.