From the Personal Injury Team at Coastal Law, LLC

If you’ve been hurt in a car crash, a slip and fall, or any other kind of accident, one big question probably comes to mind: Can I still get compensated if the accident was partly my fault?

The short answer: Yes, you can—as long as you weren’t more than 50% responsible.

South Carolina uses something called a modified comparative negligence rule. It’s a law that helps decide who pays what when more than one person is to blame for an injury. And it can make a big difference in your case.

In this article, we’ll break down:

• What this rule means,
• How it works, and
• What to expect if you’re filing a personal injury claim in South Carolina.

What Is Comparative Negligence?

Comparative negligence is essentially a legal term for dividing the blame.

Under South Carolina law, if you’re in an accident and both you and someone else are at fault, the amount of money you can recover gets reduced based on how much of the accident was your fault.

Here’s how it works:

• If you’re 50% or less at fault, you can still recover compensation.
• If you’re 51% or more at fault, you can’t recover anything.
• Your compensation is reduced based on your share of the blame.

A Real-Life Example:

Let’s say you were in a car accident and the jury awards you $100,000. But they also decided you were 30% responsible for the crash. Your compensation would be reduced by 30%, so you’d receive $70,000.

What the Law Says: S.C. Code § 15-38-15

South Carolina’s comparative negligence law is written into S.C. Code Ann. § 15-38-15. It applies to personal injury, wrongful death, and property damage cases where more than one party may be at fault.

A few key points from the statute:

• The jury (or judge) will assign a percentage of fault to each party involved—including you.
• Your total damages will be reduced by the amount you’re found at fault.
• If your fault is more than 50%, you won’t be able to recover any damages at all.

How Do They Decide Who’s at Fault?

Determining fault isn’t always straightforward. It depends on the evidence available and how strong your case is. Some of the things used to figure out fault include:

• Police or accident reports
• Witness statements
• Photos or video from the scene
• Medical records
• Expert opinions (like accident reconstruction)

At Coastal Law, LLC, we take all of this seriously. Our team digs into every detail, gathers solid evidence, and, if needed, brings in expert witnesses to help show exactly what happened—and why the other side should be held responsible.

Types of Cases Where Comparative Negligence Applies

Comparative negligence isn’t just for car wrecks. It can come into play in lots of different situations, such as:

• Car Accidents – Insurance companies love to claim you were partly at fault to pay you less. We push back.
• Truck Accidents – These can get tricky, especially when multiple drivers or companies are involved.
• Motorcycle Accidents – Bikers are often blamed unfairly. We work to set the record straight.
• Slip and Fall Cases – Property owners might argue you weren’t being careful enough. We look at the full picture.
• Wrongful Death – When a loved one is lost, figuring out fault takes careful legal work and sensitivity.

What If More Than One Person Was at Fault?

Sometimes, it’s not just you and one other person involved.

In cases with multiple defendants, South Carolina follows a “several liability” system. That means each person (or company) is only responsible for the part of the damages that matches their percentage of fault.

However, if one party is found to be more than 50% at fault, they could be on the hook for all the damages under “joint and several liability.”

Bottom line: You need to identify all the parties who may have contributed to your injury. Miss one, and you could be leaving money on the table. Our team makes sure that doesn’t happen.

Quick FAQs About Comparative Negligence in South Carolina

Q: Can I still get compensation if I was partly at fault?

A: Yes, as long as your fault is 50% or less.

Q: What happens if I’m more than 50% at fault?

A: You won’t be able to recover damages.

Q: Will my settlement be reduced if I share some of the blame?

A: Yes, it’ll be reduced by your percentage of fault.

Q: Do I have to go to court?

A: Not always. A lot of cases settle before trial—but we’re ready to go to court if that’s what it takes to get justice.

Why Having a Lawyer Really Matters

Here’s the thing: Insurance companies know all about South Carolina’s comparative negligence rule—and they’re not shy about using it to limit what they pay you.

That’s why it’s so important to have an experienced personal injury lawyer on your side.

At Coastal Law, LLC, we’ve handled numerous cases where the opposing side attempted to shift blame onto our clients. We know how to push back, uncover the truth, and fight for fair compensation.

When you work with us, we’ll help you:

• Investigate your accident and collect strong evidence
• Dispute any unfair claims about your share of fault
• Add up all your damages—including lost wages, medical bills, and pain and suffering
• Negotiate with insurance companies—or take your case to court, if needed

Final Thoughts

South Carolina’s comparative negligence law allows injured people to get compensation—even when they share some of the blame.

But insurance companies know how to twist the facts to make you look more responsible than you really were.

Don’t let that happen.

Let the team at Coastal Law, LLC help you protect your rights, push back against blame-shifting, and fight for the full compensation you deserve.

Were you hurt in an accident and told you might be partly at fault? Don’t let that stop you from pursuing justice.

Contact Coastal Law, LLC today for a free consultation. We’ll walk you through your rights and stand by your side every step of the way.