What Is Comparative Negligence and Why Does It Matter?

South Carolina follows a modified comparative negligence rule. This means you can still recover compensation after an accident you partly caused, as long as you’re 50% or less at fault. For example, if a jury awards $100,000 and finds you 20% at fault, you would receive $80,000. If you’re found 51% at fault, you would receive nothing. Douglas Jennings Law Firm LLC handles car accident claims where these percentages make all the difference.

How South Carolina Splits Fault Between Drivers

Fault is divided into percentages that add up to 100%, and your damages are reduced by the percentage assigned to you. The jury determines the damages and allocates responsibility. Highway Patrol findings may support the evidence, but the jury does not have to accept a trooper’s conclusion about fault.

Adjuster Tactics That Shift Blame Onto You

The more fault an insurance company assigns to you, the less it has to pay. It may start building that argument from the first phone call:

The early recorded statement: An adjuster wants your version while you are on pain medication.
The treatment gap: A wait between the wreck and your first doctor visit becomes proof you were fine.
A lowered offer: The first settlement offer may already be reduced for fault that no one has proven.
Social media posts: Photographs of you moving normally become evidence that your injury is minor.

We respond with evidence. Dispatch logs and body shop photographs often contradict the adjuster’s file.

Comparative negligence applies to most types of injury claims in South Carolina. Property owners and manufacturers raise it as often as auto insurers do:

Slip and fall claims where a store says a wet floor sign should have warned you
Farm and timber equipment injuries blamed on operator error
Product claims where the maker says you misused the item

The same fault rules apply in wrongful death cases, where the deceased person’s conduct may reduce the damages recovered. Families may be surprised when the defense argues that their loved one contributed to the death.

Can a Jury Blame Someone You Never Sued?

Yes. Under South Carolina Code Section 15-38-15, as amended by Act 42 of 2025 for claims arising after January 1, 2026, a jury can put fault on someone who was never sued. The defense must identify that person within 180 days of filing, unless the court permits additional time for good cause.

How Do Expert Witnesses Change a Fault Finding?

Expert testimony can change how a jury divides fault. For example, an engineer can measure tire marks and collision angles to show that you didn’t cross the lane line. Or in a premises liability case, a safety witness shows how long a visible hazard stayed in plain view before the injury.

Make the Insurer Prove Its Version of the Accident

Insurance adjusters assign fault every day, and they aren’t looking out for you. Douglas Jennings Law Firm LLC aggressively represents your interests instead of chasing a quick, low settlement. Call (843) 479-2865 or reach out online for a free consultation.