Frequently Asked Questions

What does comparative fault mean when it relates to a South Carolina car accident?

In addition to being a fault state in terms of dealing with car accidents, South Carolina also follows modified comparative negligence provisions.

The modified comparative negligence theory means that anyone who is more than 50 percent at-fault for an accident cannot recover anything from the other driver. However, if someone is 50 percent or less at- fault, they can recover compensation from the other driver, but the percent of responsibility reduces damages.

An example would be if two drivers, X and Y, were in a collision and driver X was 49 percent responsible and sustained $10,000 in damages, and driver Y was 51 percent responsible and had $50,000 in damages. In this situation, driver X could recover damages, but they would be reduced by 49 percent – the percentage of that ‘driver’s fault for the accident. Driver Y cannot recover damages, as they are more than 50 percent responsible for the accident.

For further information on South ‘Carolina’s modified comparative negligence provisions, visit here.

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