Hurt in an accident in South Carolina? Whether a car crash, semi-truck collision, or a slip and fall, the South Carolina comparative negligence rules could have a big impact on your personal injury case. Each party to an accident in our state can be held legally responsible for their “share” of the blame. You can recover compensation even if you are partially at fault for the accident—but your settlement or verdict will be reduced proportionately. At Jordan Law Center, we help injured victims navigate complex claims. Within this article, our Greenville personal injury lawyer provides an in-depth guide to comparative negligence in South Carolina.
South Carolina is a Fault-Based Personal Injury State (South Carolina Negligence Law)
To hold another party legally liable for an accident in South Carolina, you must prove that they bear fault. For most personal injury claims in our state, fault is based on the legal doctrine of negligence.
The Legal Information Institute defines negligence as “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.” It can arise due to a party’s actions or their omissions. There are four required elements of negligence:
- Duty of care;
- Breach of duty;
- Causation; and
- Damages.
An Overview of the South Carolina Comparative Negligence Statute
South Carolina is a comparative negligence state. The law recognizes that multiple parties may share the fault for the same accident. The comparative negligence law proportionally divides liability in these cases. For example, imagine that you slipped and fell at a business in Greenville.
You suffered a broken wrist. Your total damages were $50,000. The business is deemed negligent because of an unmarked wet floor.
However, an investigation revealed that you were texting and walking. You are assigned 20 percent of the fault for your accident. Under South Carolina’s comparative negligence law, you would be liable for 20 percent of your damages ($10,000). You could still hold the business responsible for the remaining 80 percent ($40,000).
Note: South Carolina has a 51 percent bar on recovery. The state’s modified comparative negligence doctrine allows injured victims to recover compensation for their damages from another party so long as they are at fault for no more than 50 percent of their accident. If you bear 51 percent (or greater) liability, you will be denied any compensation through a fault-based claim.
Understanding Comparative Negligence (Examples)
To best understand how the modified comparative negligence law works in South Carolina, it is useful to consider how the standard would apply in a few different examples. Imagine that you were hurt in an intersection crash in Greenville. Imagine that you suffered $100,000 in total damages.
Here is an overview of how the comparative negligence would apply in several different scenarios:
- 0 Percent Fault: If you are found to be 0 percent at fault for the intersection crash in Greenville, you are eligible to recover the full $100,000 in damages. As you bear no responsibility for the accident, the other party is fully liable for all your damages. Zero percent fault means you retain the right to hold the at-fault party responsible for the full value of your losses.
- 20 Percent Fault: Imagine that you were assigned a 20 percent fault for an intersection collision due to speeding. In this scenario, your total recovery amount would be reduced by 20 percent. Under South Carolina, you would be eligible to seek compensation for $80,000. The reduction reflects your partial responsibility in contributing to the crash.
- 60 Percent Fault: If you are found to be 60 percent at fault, you would not be able to recover any damages under South Carolina’s comparative negligence rule. Unfortunately, state law bars recovery if you are more than 50 percent responsible. If you were 49 percent responsible for an accident, you could still recover for the remaining 51 percent ($51,000). However, once your fault exceeds a majority share, you are denied any recovery.
Every Accident Requires a Thorough Investigation
Every accident in Greenville requires a careful investigation by an experienced attorney. As South Carolina is a comparative fault state, even a single percentage point of fault could be worth thousands of dollars in damages. A top-tier Greenville, SC personal injury lawyer will gather all of the evidence needed to prove fault and establish liability.
A Three-Year Statute of Limitations for Negligence Claims (Injury) in South Carolina
Negligence-based personal injury claims are time-sensitive legal cases in South Carolina law. Under state law (S.C. Code § 15-3-530(5)), there is a three-year statute of limitations. Only very narrow exceptions—such as for minor plaintiffs—apply to this deadline. Be proactive after an accident: Speak to a Greenville, SC personal injury lawyer as soon as possible.
Why Depend On Our South Carolina Personal Injury Attorney
Is the defendant or its insurance carrier trying to blame you for part (or all) of your accident? You must take immediate action to protect your rights. As every percentage point of assigned fault matters, you need a top-tier personal injury lawyer on your side. William A. Jordan III is a South Carolina personal injury attorney with extensive experience handling cases involving comparative negligence. We encourage you to review our client testimonials, and record of case results, and to reach out to us directly with any specific questions or concerns about your case.
Contact Our Greenville Personal Injury Lawyer for a Free Case Review
At Jordan Law Center, our Greenville personal injury attorney demands justice for clients. If you have any specific questions or concerns about comparative negligence and its impact on your case, we can help. Our team has helped injured victims secure millions of dollars in compensation for their injuries. Give us a phone call now or contact us online for a free, no-obligation review of your case. With a law office in Greenville, we represent injured victims throughout the wider region.
“There is not enough GREAT THINGS I could say about Jordan Law Center.”