If you’ve been in a car crash in South Carolina, one of the first questions that arises—by insurance adjusters, police, or even your own mind—is: Who was at fault? 

The answer to that question matters—a lot. 

Fault directly affects whether you can recover compensation and how much you may receive.

But what if you weren’t wearing a seatbelt? Can that be used against you? Could it mean you’re considered partly responsible for your injuries, even if someone else caused the crash?

Let’s break down how fault is determined in SC car accidents, what role seatbelt use plays, and how to protect your rights after a collision.

How Is Fault Determined in South Carolina Auto Accidents?

In South Carolina, fault in car accidents is determined by analyzing negligence—in other words, who acted carelessly or broke traffic laws, and how that behavior led to the crash.

Insurance adjusters, attorneys, and sometimes juries look at things like:

• Police reports
• Eyewitness statements
• Traffic camera or dashcam footage
• Vehicle damage and accident reconstruction
• Medical records and injury reports

One of the most important things to understand is that South Carolina follows a modified comparative negligence rule, which means each party can be assigned a percentage of fault. 

As long as you are not more than 50% at fault, you may still recover damages—but your compensation is reduced by your percentage of fault.

Common Ways Fault Is Assigned After a Crash

Insurance companies will look for anything that can shift blame—even partially—to reduce how much they owe you. Here are some common scenarios they analyze:

• Rear-end collisions: Typically, the driver in the rear is found at fault for following too closely or failing to stop in a timely manner.
• Left-turn accidents: The driver turning left is often presumed to be at fault unless they can prove the other driver ran a red light or was speeding.
• Intersection crashes: These can get complicated and may involve disputes over right of way or signal violations.

Does Not Wearing a Seatbelt Count Against You in South Carolina?

You may have heard that not wearing a seatbelt could hurt your injury claim. That’s partly true—but with some important limitations.

South Carolina law requires all vehicle occupants to wear seatbelts. However, S.C. Code § 56-5-6540(C) clearly states that the failure to wear a seatbelt cannot be considered evidence of negligence, and it cannot be used to reduce the amount of damages you may recover in a personal injury claim.

In Plain English:

Even if you weren’t wearing a seatbelt at the time of the crash, the insurance company cannot blame your injuries on that to pay you less.

That said, you should still wear your seatbelt—it’s not only required by law but also one of the best ways to prevent serious injury.

Why Insurance Companies Still Try to Use Seatbelt Non-Use Against You

Despite the law, insurance adjusters may still try to raise the issue of seatbelt non-use to cast doubt or intimidate you into a lower settlement. They may argue your injuries wouldn’t have been as bad if you had buckled up.

That’s why it’s important to understand your rights and be cautious about speaking to insurance representatives without legal advice. They’re not on your side—and may twist your words to shift blame onto you.

Protect Yourself After a South Carolina Car Accident

Here’s what you can do to protect your legal claim:

• Report the accident to law enforcement immediately.
• Get medical attention, even if you don’t think you’re badly hurt.
• Don’t admit fault at the scene or to the insurance company.
• Contact a South Carolina personal injury lawyer before agreeing to any settlement.

An experienced attorney can gather the evidence needed to prove fault, push back against unfair blame, and fight for the compensation you deserve.

FAQ: South Carolina Car Accident Fault & Seatbelt Use

Q: Can I get compensation if I wasn’t wearing a seatbelt in an accident?

A: Yes. In South Carolina, not wearing a seatbelt can’t be used against you to reduce your compensation.

Q: Who decides who was at fault after a car crash?

A: Initially, insurance companies investigate and assign fault, but courts or juries have the final say if your case goes to trial.

Q: What happens if both drivers were partly to blame?

A: South Carolina’s modified comparative negligence rule allows you to recover damages as long as you were 50% or less at fault. Your payout will be reduced by your share of the blame.

Q: Should I talk to the insurance adjuster after the accident?

A: Be careful. Insurance companies may try to get you to say something that can be used against you. It’s best to talk to a personal injury lawyer first.

Talk to a South Carolina Car Accident Lawyer Today

If you’ve been in a crash and are being blamed—or worried your actions might reduce your compensation—don’t navigate it alone. 

The insurance company has lawyers. You should have someone on your side, too.

At Coastal Law, LLC, we understand how fault is assigned in car accidents and how to protect clients from unfair blame tactics. 

Whether you were wearing a seatbelt or not, we’ll work to get the full compensation you’re entitled to. 

Contact us today for a free consultation.