South Carolina Comparative Fault Law Explained

What is South Carolina’s 51% Comparative Fault Rule?

South Carolina follows a modified comparative negligence system (specifically the 51% bar rule). Under SC law, you can recover financial compensation for your injuries as long as your percentage of fault is 50% or less.

If you are determined to be 51% or more at fault for the crash, you are legally barred from recovering any damages from the other party.

How Partial Fault Reduces Settlement Amounts

If you are awarded damages but held partially responsible, your recovery is reduced proportionally by your percentage of fault. For example:

• Total Damages: $100,000
• Your Assigned Fault: 10%
• Your Net Recovery: $90,000 ($100,000 minus 10%)

Why Insurance Companies Try to Shift Fault

Insurance adjusters frequently exploit comparative fault rules by attempting to assign 50%+ fault to injured victims. Thorough evidence preservation—including accident scene photos, witness statements, and police report analysis—is critical to protecting your claim.

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