Were you hurt in an accident in South Carolina? You have the right to hold the at-fault party legally liable for your injuries. To hold another party responsible, you must prove fault. South Carolina is a comparative negligence state. Each party to an accident is liable for their share of the fault for an accident. You can recover even if you are partially at fault—as long as you do not bear the majority of blame. Here, our Columbia personal injury attorney provides a comprehensive guide to comparative negligence in South Carolina, including explaining what it is and how it can impact your case.
What is Comparative Negligence?
Broadly defined, comparative negligence is a legal doctrine that is used to allocate fault when multiple parties are involved in an accident. It is a proportional liability system. The standard holds that each party’s responsibility for an accident will correspond directly to their degree of fault. In South Carolina, the comparative negligence system allows a plaintiff to recover damages even if they are partly responsible for their accident. However, their compensation will be reduced by their percentage of fault. Notably, different states vary in how exactly they apply comparative negligence. South Carolina is a modified comparative negligence with a 51 percent bar on recovery.
What to Know About South Carolina’s Modified Comparative Negligence Standard
Some states operate under a pure comparative negligence standard. Each party to an accident is liable for their precise share of an accident. Other states operate in a modified comparative negligence system. South Carolina is in the latter category. There is a 51 percent bar on recovery. Under South Carolina law, a plaintiff can recover damages only if they are found to be less than 51 percent. If the injured victim bears the majority fault, he or she cannot hold another party liable.
The landmark case on the standard is the 2000 Court of Appeals of South Carolina case of Ross v. Paddy. Mr. Ross, the plaintiff, was injured in a car accident. He sought damages from Mr. Paddy, the defendant. However, evidence presented during the trial suggested that Mr. Ross’s negligence contributed significantly to the accident. The jury found that Ross was 50 percent at fault. Because Ross’s fault did not exceed 50 percent, he was still entitled to recover damages, but his recovery was reduced by half. The court emphasizes that had his fault has been 51 percent or higher, then he would not have been entitled to recover compensation through a fault-based personal injury claim.
Understanding Comparative Negligence (Three Examples)
To best understand how comparative negligence works in personal injury claims in South Carolina, it is useful to consider examples. Imagine that you were involved in a bad collision at an intersection in Columbia. You sustained $50,000 in total damages in the crash. You want to bring a personal injury claim against the other driver. The comparative fault could have a big impact on your case. Here are three examples of how comparative negligence in South Carolina could impact your case:
- Zero Percent Fault: To start, consider a situation in which the other driver blew through a red light at the intersection in Columbia. You did nothing wrong. An investigation reveals that you bear 0 fault for the collision. Under the South Carolina comparative negligence law, you would be able to pursue compensation for the full extent of your losses ($50,000).
- 20 Percent Fault: Next, consider an alternative scenario where you were deemed to be speeding through the intersection. The other driver still ran a red light. You are assigned 20 percent liability for your crash. Under South Carolina’s comparative negligence law, you would be 20 percent liable for your damages ($10,000). In effect, this means that you would be eligible to recover for the remaining 80 percent ($40,000).
- 60 Percent Fault: Finally, it is important to consider a scenario where you bear the majority fault for a crash. Imagine that you were found 60 percent liable for the intersection crash in Columbia. As South Carolina is a modified comparative negligence state, you would be strictly barred from recovering any compensation. You would not be able to recover for that other 40 percent. South Carolina bars recovery for injured victims who bear legal responsibility for 51 percent (or more) of their accident.
Fault Has a Big Impact On Your Case (Thorough Investigation is a Must)
Comparative negligence could have a big impact on your personal injury claim in South Carolina. Every percentage point of fault matters. Every serious accident in South Carolina—from motor vehicle collisions to premises liability claims—should be thoroughly investigated by an experienced attorney. Indeed, gathering comprehensive evidence—from witness testimony to surveillance footage to medical records—is a must. Even being found at fault for a few points of your accident, could end up taking thousands of dollars out of your settlement.
How Our South Carolina Personal Injury Lawyer Can Help
Comparative negligence can have a significant impact on your personal injury case in South Carolina. Whether it is a car crash, semi-truck accident, or slip and fall, you must have a general understanding of how comparative negligence works. As a leader in personal injury law and with a well-documented record of client testimonials, our founding attorney Christopher R. Hart is always prepared to go the extra mile to protect your rights and your interests. You do not have to navigate comparative negligence claims alone.
Contact Our Columbia, SC Personal Injury Attorney for Your Free, Confidential Case Review
At Hart Law, our Columbia personal injury lawyer is a skilled, experienced, and aggressive advocate for justice. If you have any questions or concerns about comparative negligence, we are here to help. Contact us today to set up a free, no-obligation case evaluation. With a law office in Columbia, our firm represents injured victims throughout the surrounding region in South Carolina.