An unexpected car accident can change your life instantly. After an accident, you are likely dealing with painful injuries, expensive medical bills, missed time from work, and other unplanned physical, financial, and emotional burdens. When you file an insurance claim or a lawsuit to recover fair compensation for your damages, the last thing you expect is to be blamed for the crash. 

Unfortunately, as experienced car accident attorneys, we’ve seen this happen time and time again. So, what happens if the insurance company tries to place blame on you? What happens if you were partially at-fault for the accident? This article will discuss South Carolina’s modified comparative negligence, including what this means and how fault impacts your case.

If you have been injured in an accident and are trying to understand how comparative negligence may impact your case, reach out to our team today. Our award-winning car accident lawyers are here to help. To speak with an experienced accident attorney today, simply call our office at (803) 888-2200. We are available via phone 24/7.

South Carolina Modified Comparative Negligence

South Carolina law (15-38-15) sets the rules for how fault is determined, and how fault impacts your case and financial recovery. South Carolina runs on a modified comparative negligence system. This means that if you are injured in an accident, you can recover compensation as long as you are found to be no more than 50% at fault for the accident. 

If a jury or court determines that you are 51% or more at fault, then you cannot recover any compensation for your damages, economic or noneconomic, under South Carolina law.

Determining fault is a critical part of all South Carolina car accidents because it not only determines whether or not you can qualify for compensation, it also determines how much compensation you can recover. 

Under the modified comparative negligence system, your total compensation award will be reduced by your determined percentage of fault.

For example, if you are found 30% at fault, you will only be able to recover up to 70% of the damages a jury awards.

Under this system, the difference between being found 49% at fault or 51% at fault is massive – it is the difference between recovering nearly half of your damages or recovering nothing at all. It is important to remember that even in clear liability cases, the insurance company may still try to trick you into admitting partial fault, especially if you don’t have an attorney on your side protecting you and your rights.

Examples of How Modified Comparative Negligence Works in South Carolina

Understanding the math when it comes to comparative negligence can help you understand how crucial fault is in your personal injury case.

Imagine you are involved in a truck accident and the jury determines your total damages, including your injuries, medical bills, lost wages, property damage, emotional distress, and all other damages are equal to $1,000,000.

If you are found to be 20% at fault for the accident, your total award will be reduced by 20%. So, assuming there was enough insurance coverage, you would recover up to 80% of the jury verdict, which in this example would be $800,000.

If you are found to be 50% at fault, you can still recover compensation because you are not more than 50% at fault. Your award will, however, be reduced by 50%, meaning you can recover up to $500,000. Again, this is assuming that there is that much insurance coverage available.  

If you are found to be 51% or more at fault, then the law bars you from recovering any compensation and you would recover $0.

As you can see, determining and proving fault is one of the many reasons why hiring a reputable car accident lawyer is critical for your case. Our team has the resources and experience needed to thoroughly investigate your accident to prove fault pursuant to state law. If you or a loved one has been injured in a South Carolina car wreck, reach out to our team today at (803) 888-2200 for a free case evaluation. We’re here to help you get the justice and compensation you deserve.

How Insurance Companies Use Modified Comparative Negligence

Most car accident claims in South Carolina begin when you report the accident to insurance. From there, an insurance company adjuster will begin trying to contact you. Note: Insurance companies know that the modified comparative negligence law is one of their most powerful tools for reducing or denying claims.

Oftentimes, insurance companies will request a recorded statement, during which they will ask you tricky or misleading questions designed to get you to admit partial, or even full fault. For example, they may be trying to argue that you were speeding, distracted, or failed to signal, all in an effort to increase your percentage of fault, ideally pushing your fault percentage over that critical 50% mark. 

Remember: adjusters are trained to ask questions in ways that can lead to you unknowingly saying something that can damage your claim later on. A simple comment about “not seeing” the other car or “feeling fine” immediately after the crash can be used to increase your assigned fault and minimize your injuries, thus minimizing your payout. Even in clear liability cases, insurance companies may still may try to get you to admit fault in an effort to reduce or deny your compensation. 

This is one of the many reasons why we strongly caution people against speaking to the other party’s insurance company before speaking with a lawyer. It is also one of the reasons why we always recommend reviewing any initial car accident settlement offers with a trusted attorney.

Our team is here to listen to you, understand your accident and how it’s impacted your life, and explain your options under state law. Have a question? Simply reach out to our team today. We’re here and happy to help.

How Cavanaugh & Thickens, LLC Can Help Your Case

When you hire our law firm, we begin work immediately to prove who was truly at-fault for the accident. We do this by:

  • Analyzing the police report
  • Recovering and examining all available evidence, such as photos and videos
  • Working to obtain additional forms of evidence, like security footage, black box data, and more
  • Interviewing eyewitnesses
  • Analyzing the statements of everyone involved
  • Identifying all potential sources of fault and recovery
  • Potentially hiring accident reconstruction experts, and more.

Throughout your case, we aggressively negotiate with the insurance companies involved and prepare your case for trial. Many times, we are able to settle car accident cases outside of the courtroom, but it’s important to hire a lawyer who is willing and prepared to take your case to trial should a fair settlement not be reached through negotiations. This is especially true in complex car accidents, such as those involving multiple at-fault parties or serious injuries. 

At Cavanaugh & Thickens, LLC, our team works on a client-focused and results-driven approach, meaning you and your goals for the case remain our top priority. Have a question about a car accident? Reach out to our team today. We’re here to help.

The Statute of Limitations in South Carolina

Whether your accident occurred on the busy highways around Columbia, bridges in and around Charleston, like the Ravenel, or somewhere else in South Carolina, the same modified comparative negligence laws and statutes of limitations apply.

After a car accident, it is essential to know the deadlines for taking legal action.

Under South Carolina law (15-3-530), the statute of limitations for most personal injury claims, including car accidents, is generally three years from the date of the accident/injury. In some cases, you may only have two years to file.

While two or three years may sound like a long time, building a strong case that can overcome comparative negligence arguments takes time. On top of that, evidence disappears and memory fades. 

Protect your rights – reach out to our team today by calling (803) 888-2200, starting a website chat, or completing a complimentary case evaluation request form.

Get a Free Case Evaluation with Cavanaugh & Thickens, LLC Today

The complexities of South Carolina’s modified comparative negligence rule make car accident claims challenging, particularly when the stakes – your health and financial future – are so high. The team at Cavanaugh & Thickens, LLC has decades of combined experience representing clients across a wide variety of auto accidents, such as car accidents, truck accidents, rideshare accidents, DUI accidents, and more. We understand the strategies insurance companies use to shift blame onto you in an attempt to reduce or deny payouts. We will protect your rights and fight to get you the best outcome possible for your case and future.

If you or a loved one has been injured in a car accident in South Carolina, do not let the insurance company determine your fate. Get the justice, support, and compensation you deserve. With millions in compensation recovered for clients and hundreds of 5-star reviews, you can trust our team to have your back. 

Speak with an award-winning motor vehicle accident lawyer today. Call our office at (803) 888-2200 for your free case evaluation. We are available via phone for you 24/7.

With offices in Columbia and Charleston, our lawyers travel to and represent clients throughout the state of South Carolina.

Disclaimer: This article is presented for informational purposes only and is not legal advice.

Author – William H. Yarborough, Jr

My name is Will Yarborough, and I am a partner and personal injury attorney at Cavanaugh & Thickens, LLC. My practice primarily focuses on car and truck accident cases, and I represent injured people across the state of South Carolina.

I’m committed to ensuring that every single client gets the compensation and justice they deserve following serious and unexpected accidents.

You don’t have to go through the aftermath of an accident on your own. If you have any questions about the information in this article or are interested in becoming a client at Cavanaugh & Thickens, LLC, give me a call today. I’d be honored to help.

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