One of the fastest ways an insurance company reduces or denies a personal injury claim in South Carolina is by arguing partial fault.

You may hear things like:

• You could have reacted faster
• You were partially responsible
• The accident wasn’t entirely their fault

What many people don’t realize is that small shifts in fault percentages can completely change the outcome of a case.

This guide explains how comparative negligence works in South Carolina, how insurance companies use it to limit payouts, and what injured victims need to know to protect their right to compensation.

What Is Comparative Negligence?

Comparative negligence is the legal system South Carolina uses to determine how fault is shared when more than one party may be responsible for an accident.

Instead of assigning blame to only one person, fault is divided into percentages.

Those percentages directly affect whether you can recover compensation and how much you can recover.

South Carolina’s Modified Comparative Negligence Rule

South Carolina follows a modified comparative negligence rule.

Here’s how it works:

• You can recover compensation if you are 50 percent or less at fault
• If you are 51 percent or more at fault, you recover nothing
• If you are partially at fault, your compensation is reduced by your percentage of fault

Example

If your total damages are $100,000:

• At 10 percent fault → you may recover $90,000
• At 30 percent fault → you may recover $70,000
• At 51 percent fault → you recover $0

That 1 percent difference between 50 and 51 percent is everything.

Why Partial Fault Is a Favorite Insurance Strategy

Insurance companies use comparative negligence aggressively because it gives them leverage.

If they can:

• Shift some blame to you, they reduce what they pay
• Push fault past 50 percent, they avoid paying altogether

This is why fault arguments often appear early and repeatedly in injury claims.

Common Ways Insurance Companies Argue Partial Fault

Insurance companies look for reasons to assign fault even when the other driver caused the crash.

Common arguments include:

• You were speeding
• You were distracted
• You could have avoided the collision
• You didn’t brake fast enough
• You changed lanes unsafely
• You weren’t paying attention

These arguments are often based on assumptions, not facts.

Partial Fault in Car Accident Cases

In car accident claims, fault disputes often center on:

• Rear-end collisions
• Left-turn accidents
• Lane changes
• Intersection crashes
• Chain-reaction accidents

Even when fault seems clear, insurers may still argue shared responsibility to reduce payout.

Partial Fault in Motorcycle Accident Cases

Motorcyclists face added challenges.

Insurers often assume:

• Excessive speed
• Aggressive riding
• Unsafe lane positioning

Bias plays a real role here. Evidence and preparation are essential to counter unfair fault assumptions.

Partial Fault in Truck Accident Cases

Truck accident claims are defended aggressively.

Insurers may argue:

• Sudden stops
• Blind spot issues
• Unsafe merging
• Failure to yield

Because commercial cases involve higher payouts, fault arguments are often more intense.

How Fault Percentages Are Determined

Fault is determined using evidence, not feelings.

Evidence may include:

• Police reports
• Photos and video
• Vehicle damage
• Skid marks
• Witness statements
• Traffic camera footage
• Expert analysis

Statements made at the scene or during recorded calls are often used to influence fault percentages.

Why Early Statements Can Be Dangerous

Recorded statements given too early often become tools for assigning fault.

People commonly say things like:

• I didn’t see them
• I’m not sure what happened
• I could have reacted sooner

These statements can later be framed as admissions of fault.

You are not required to give a recorded statement to the other driver’s insurer.

Comparative Negligence and Settlement Negotiations

Fault percentages play a major role in settlement value.

If an insurer claims you are partially at fault:

• They reduce settlement offers accordingly
• They delay negotiations
• They use fault as leverage

Well-documented cases limit how much fault can be assigned unfairly.

Comparative Negligence and Jury Trials

If a case goes to trial, the jury determines fault percentages.

Jurors may assign fault based on:

• Credibility of evidence
• Witness testimony
• Expert explanations
• How clearly the case is presented

This is why preparation matters even when cases settle before trial.

What Does NOT Automatically Make You at Fault

Many people assume certain factors automatically assign fault. That is not true.

These do not automatically make you more than 50 percent at fault:

• Being injured more severely
• Driving a smaller vehicle
• Riding a motorcycle
• Not being perfect after an accident
• Being unsure what happened immediately after the crash

Fault is based on conduct, not outcomes.

How Partial Fault Affects Pain and Suffering

Comparative negligence reduces all damages, not just medical bills.

That includes:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Even small fault percentages can significantly reduce non-economic damages.

Common Mistakes That Increase Assigned Fault

Injured people often increase fault unintentionally by:

• Admitting blame at the scene
• Giving recorded statements
• Posting on social media
• Failing to seek medical care promptly
• Not documenting the scene

Once fault narratives form, they are harder to undo.

Can Fault Percentages Change Over Time?

Yes.

Early fault assessments often change as:

• More evidence is gathered
• Witnesses are located
• Experts analyze the crash
• Medical evidence clarifies injuries

This is why rushing to settle early is risky.

When Comparative Negligence Becomes the Central Issue

Comparative negligence becomes especially important when:

• Fault is disputed
• Injuries are serious
• Multiple parties are involved
• Insurance limits are high
• Litigation is likely

These cases require careful handling from the start.

LANCASTER, SOUTH CAROLINA

Local Guidance for Lancaster Injury and Accident Cases

Lancaster injury cases often involve a different pace and profile than larger metro areas. Accidents frequently occur on rural roads, highways, and local routes where visibility, speed, and response times vary.

Common Lancaster accident factors include:

• Rural roadway collisions
• Limited witnesses
• Delayed emergency response
• Higher reliance on physical evidence

Because fewer cameras and witnesses may be available, early evidence preservation is critical. Photos, vehicle damage analysis, and medical documentation often play a larger role in establishing fault.

Insurance companies may attempt to undervalue Lancaster claims by assuming lower damages or reduced access to care. That assumption is often wrong.

Schiller & Hamilton helps Lancaster injury victims document injuries properly, counter unfair valuation tactics, and pursue compensation based on real impact, not assumptions.

Frequently Asked Questions

Can I still recover compensation if I was partially at fault?

Yes, as long as you are not more than 50 percent at fault.

Who decides fault percentages?

Insurance companies argue fault, but judges or juries decide it if a case goes to court.

Does admitting partial fault end my case?

Not necessarily, but statements should be handled carefully.

When to Speak With a South Carolina Personal Injury Lawyer

You should consider legal guidance if:

• Fault is disputed
• You are being blamed for the accident
• You feel pressure to accept a reduced offer
• Injuries are serious
• Insurance companies are assigning fault unfairly

Comparative negligence can quietly destroy otherwise strong cases if it’s not handled properly.

Schiller & Hamilton helps South Carolina injury victims protect their claims from unfair fault arguments and pursue compensation that reflects what actually happened, not what insurance companies want to claim.