If you’ve been in a wreck in South Carolina, one of the first questions that probably popped into your head was: “Who’s at fault?”
Fault matters for insurance claims, car accident settlements, and personal injury lawsuits — and South Carolina’s system for assigning fault isn’t always straightforward.
In this article, we’ll explain:
- How fault is determined in South Carolina car accidents
- Why it matters, and
- What it means for compensation, liability, and insurance claims.
Understanding Fault in South Carolina Car Accidents
South Carolina is an “at-fault” state when it comes to car accidents. That means the driver responsible for causing a collision is also responsible for the resulting damages — property damage, medical bills, lost wages, and other losses.
But unlike some states that use a strict contributory negligence rule (where any fault by you could bar recovery), South Carolina uses a modified comparative negligence system.
What Is Modified Comparative Negligence?
In South Carolina, fault isn’t all-or-nothing.
Instead, fault can be shared between drivers based on the role each person’s actions played in causing the accident. Under the state’s modified comparative negligence rule:
- You can still recover compensation even if you were partly at fault, as long as your percentage of fault is 50% or less.
- However, if you are found to be more than 50% at fault, you cannot recover damages from the other party.
- Any damages you recover will be reduced by your percentage of fault.
These principles are codified under South Carolina’s contribution among tortfeasors statutes (S.C. Code § 15-38-15), which direct courts and juries on how to apportion fault among parties.
How Fault Is Determined After an Accident
Fault in car accidents is generally based on negligence — meaning one driver failed to use reasonable care behind the wheel. A driver can be negligent by:
- Speeding, running a red light, or failing to yield
- Distracted driving (like texting)
- Driving under the influence
- Failing to obey traffic laws or pay attention
Police reports, witness testimony, photos from the scene, accident reconstruction, and even dashcam footage can all factor into how fault is assigned.
Insurance companies and, if necessary, judges or juries will evaluate this evidence to determine the percentage of fault for each driver involved.
Why Fault Matters
Who’s at fault affects:
✔ Insurance Claims
If an insurer decides you’re partly responsible, your settlement may be reduced according to your percentage of fault.
✔ Personal Injury Lawsuits
In a civil lawsuit, South Carolina law won’t bar you from seeking damages unless your fault exceeds that of the other party.
✔ Compensation Amounts
Even if you’re entitled to compensation, courts or insurers typically subtract your fault percentage from any award. For example: if you suffered $100,000 in damages but are found 25% responsible, your award might be reduced to $75,000.
What Happens If Multiple Parties Are At Fault?
South Carolina law lets fault be shared across more than two parties — including non-parties who contributed to your injuries.
If more than one driver or party is responsible, the court will assign a percentage of fault to each. As long as your share remains 50% or under, you may recover a reduced amount from those at fault.
Common Misconceptions
Here are a few things many people get wrong:
“If I Was Even Slightly at Fault, I Can’t Recover Anything”
Not true — South Carolina’s modified comparative negligence lets you recover as long as you’re not more than 50% at fault.
“A Police Report Decides Who Is at Fault”
Police reports are important, but insurance companies and courts make the final determination based on the evidence.
How a Lawyer Can Help
If you’ve been hurt in a wreck and fault is contested, an experienced attorney can help by:
- Reviewing the police report and evidence
- Negotiating with insurance companies
- Defending against claims you were at fault
- Filing a personal injury lawsuit if needed
Don’t navigate this alone. For help with South Carolina car accident law or a personal injury claim, reach out to the car accident attorneys at Seaton, Duncan, & Holmes to discuss your case.
FAQ: South Carolina Car Accident Fault
Q: What if both drivers share fault?
A: South Carolina will assign a fault percentage to each driver. If your fault is 50% or less, you may still recover compensation reduced by your fault share.
Q: Can I still file a lawsuit if the insurance company offers a low settlement?
A: Yes. A personal injury lawsuit can protect your rights and potentially recover compensation beyond what insurance offers.
Q: How soon do I need to act?
A: South Carolina has deadlines (statutes of limitations) for filing personal injury lawsuits, so acting quickly is crucial.
Q: Does fault affect my insurance rates?
A: Yes — insurers use fault determinations to set future premiums, but policies vary widely.
Ready to Take the Next Step?
Understanding fault in a South Carolina car accident can make a big difference in the outcome of your personal injury claim. If you’re unsure where you stand, the experienced attorneys at Seaton, Duncan & Holmes are here to help you protect your rights and pursue the compensation you deserve.
Ready To Speak With An Attorney?
Let’s discuss the details of your case and see if we can help.