After an accident, your mind might start to replay everything. You may catch yourself thinking, “Was there something I could’ve done differently?”
After that, a bigger worry creeps in. Can you still recover compensation if you were partially at fault? In South Carolina, the answer is yes. However, there are a few limitations, especially when it comes to shared responsibility.
What Is South Carolina’s 51% Rule?
South Carolina follows the modified comparative negligence rule. That means if you share some fault, you can still recover some compensation. However, if you are more than 51% at fault, you could be barred from receiving damages.
If you are partially responsible but under that 51% threshold, your compensation is reduced by your percentage of fault.
So yes, you can make a mistake and still have a valid claim. What matters in your case is how much of the blame is assigned to you. This percentage will play an important role in compensation.
Fault Can Be Shared
Most accidents do not happen because of one single cause. For example, if the other driver ran a red light but you were going slightly over the speed limit, both parties are at fault.
It is situations like these that open the door for arguments about shared responsibility. Unfortunately, that’s where things can get complicated.
Insurance Companies Will Look for Shared Fault
When it comes to paying out for a claim, insurance companies want to reduce their costs. In many cases, they will assign partial blame for an accident, even when the accident seems straightforward.
If they can argue you were 10% responsible, that reduces your recovery by 10%. If they can argue 30%, that reduction becomes much more substantial.
Sometimes, their arguments can feel frustrating. They might say that you should have been paying attention or you could have reacted sooner.
Even small suggestions of shared responsibility can shift the financial outcome of a case. This is why fault allocation is one of the most heavily debated parts of a personal injury claim.
How Is Fault Determined?
Fortunately, fault is based on evidence. That means you have proof on your side. Some of this evidence may include:
- Police reports
- Photographs from the scene
- Witness statements
- Surveillance footage
- Vehicle damage analysis
- Expert testimony
During settlement negotiations, insurance adjusters may suggest how fault should be divided. If a case goes to court, a jury decides the percentages.
Partial Fault Applies in Many Cases
One of the biggest mistakes people make is assuming they have no claim because they believe they might have been partly at fault. Whether you were distracted for a moment or didn’t react perfectly, you don’t need to second-guess yourself.
Being at partial fault does not automatically disqualify you from recovering compensation.
In many situations, multiple factors contribute to an accident. The law knows that. The question is not whether you were perfect, but whether you were more responsible than the other party.
Legal Help Is Needed in These Cases
When fault percentages determine whether you recover compensation at all, every detail is important. You want an experienced South Carolina personal injury lawyer on your side. They can:
- Push back against unfair blame
- Collect and preserve important evidence
- Present a clear narrative of events
- Negotiate strategically with insurers
- Protect you from being assigned an inflated percentage of fault
When compensation is on the line, you do not want fault to be decided based on incomplete information. A skilled attorney will present your side of the case.
Don’t Be Unfairly Blamed for an Accident
Can you still recover compensation if you were partially at fault? In South Carolina, as long as you are 50% or less responsible, you may still have a valid claim. Keep in mind that your recovery will be reduced by your share of fault.
Accidents are rarely one-sided, and fault is more complicated than it first appears.
If you’ve been injured and are unsure how shared responsibility might affect your claim, Truslow & Truslow PA can help. We will look at the evidence to make sure you are not unfairly assigned fault for someone else’s mistakes. Schedule a consultation with our office today.