By Alex Stalvey
When you’ve been hurt because of someone else’s carelessness, the aftermath can be overwhelming—physically, emotionally, and financially. Questions pile up quickly: Can I get help with my medical bills? Do I have a case? Should I consult with a lawyer? Was the accident partly my fault?
These are fair questions, but the answers aren’t always straightforward. In fact, one of the most important (and most misunderstood) parts of an injury case is how fault is determined. That’s where a legal principle called comparative negligence comes in. And in South Carolina, it can make or break your claim. Before you talk to an insurance company or accept a settlement offer, it’s important to understand how this rule could affect you.
So yes, you should speak with a lawyer.
What Is Comparative Negligence?
South Carolina follows a modified comparative negligence rule. That means:
- You can still recover compensation if you’re 50 percent or less at fault for an accident
- Your recovery is reduced by your percentage of fault
- You cannot recover anything if you’re found more than 50 percent at fault
This can considerably impact the outcome of your case, especially when insurance companies get involved. It frequently occurs in bike, pedestrian, slip and fall, construction, workplace, and auto accidents.
Consider uneven sidewalks, ice, snow, or rain outside a store, and wet or unsafe floors at bars, restaurants, and public event venues. In these examples, your awareness, behavior, and actions leading up to, after, and during the fall can be used against you to reduce your compensation, even if someone else created or allowed the hazard.
In a previous article, I also spoke about the prevalence of video cameras in these spaces, which can capture footage that could either hurt or help your case. So, there’s a good chance that context for potential comparative negligence will, could, and should be made available to judges and juries.
Real-Life Example
Say you slip and fall on a wet floor in a grocery store. The store failed to clean it up or warn customers, but surveillance shows you were looking at your phone while walking past a caution sign.
A jury might decide the store was 80 percent at fault, and you were 20 percent responsible. If your damages are $100,000, your compensation would be reduced by 20 percent, leaving you with $80,000.
Now reverse it: South Carolina law says you recover nothing if you’re found to be 60 percent at fault.
Insurance Companies Know the Rules — and Use Them Against You
The harsh reality is that the insurance company isn’t on your side. Their goal is to pay out as little as possible—and if they can shift even a portion of the blame onto you, they will. Any time the percentage of fault is open to interpretation, the outcome of your case becomes uncertain.
Why? Because insurance companies and defense attorneys know how to use that gray area to their advantage. If they can convince a jury—or even just a claims adjuster—that you were more at fault than you really were, they can reduce or eliminate what they owe you. If your share of the blame is anywhere close to 50 percent, expect it to be challenged.
Who was looking at their phone? Who had the right of way? Was the warning sign visible? These aren’t just details—they’re leverage points. And they’ll be picked apart.
That’s why it’s so important to:
- Avoid making early statements or accepting blame
- Document everything at the scene—photos, witnesses, anything that supports your story
- Get legal help early to protect your rights and tell your side clearly and accurately
Don’t Assume You Don’t Have a Case
Many injured people assume they don’t have a case if they made a mistake, like glancing at their phone or missing a warning sign. That’s not true.
The law allows for shared fault. What matters is how much fault is assigned to you and whether your story is told clearly, backed by facts.
That’s where an experienced attorney makes the difference.
If You’re Hurt and Unsure What to Do Next — We Are Here to Help
I know how hard it can be to reach out to a lawyer when you’re already dealing with pain, stress, and financial strain. Our job is to listen, explain your options clearly, and stand up for you every step of the way.
Let’s talk if you’ve been hurt in an accident and are worried about being blamed. I’ll help you understand where you stand—and what you can do next. Contact me HERE.
