[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/how-is-fault-determined-in-a-car-accident-in-south-carolina\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/how-is-fault-determined-in-a-car-accident-in-south-carolina\/","headline":"How Is Fault Determined in a Car Accident in South Carolina?","name":"How Is Fault Determined in a Car Accident in South Carolina?","description":"You should know about the legal rule called \u201ccomparative negligence\u201d if you get into a car accident in South Carolina. Under this rule, each party’s negligence in a crash is compared and apportioned. Under state law, the defendant pays compensation only if they are responsible for the collision,...","datePublished":"2025-10-22","dateModified":"2026-02-23","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/garylemel-user\/#Person","name":"Gary Lemel","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/garylemel-user\/","identifier":10,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/647e6af1d8f8d5c50443a8d8194e4625254b579651867ac1e1355ca917ca0f6e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/647e6af1d8f8d5c50443a8d8194e4625254b579651867ac1e1355ca917ca0f6e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2025\/10\/angry-lady-driver.jpg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2025\/10\/angry-lady-driver.jpg","height":667,"width":1000},"url":"https:\/\/www.mtllawfirm.com\/blog\/how-is-fault-determined-in-a-car-accident-in-south-carolina\/","video":[{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0","name":"How an Attorney Can Help You After an Accident in South Carolina - McKinney, Tucker & Lemel LLC","description":"For more information, please visit our website: https:\/\/www.mtllawfirm.com\/blog\/how-attorney-can-help-after-an-accident-in-south-carolina\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/default.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/maxresdefault.jpg"],"uploadDate":"2025-07-08T01:52:46+00:00","duration":"PT3M5S","embedUrl":"https:\/\/www.youtube.com\/embed\/OBjWgSUC-p0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. 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Under this rule, each party’s negligence in a crash is compared and apportioned. Under state law, the defendant pays compensation only if they are responsible for the collision, or \u201cat-fault.\u201d However, the injured party\u2019s compensation may be lower if they share some responsibility for the accident.At McKinney, Tucker & Lemel, LLC, we know how insurance companies use South Carolina\u2019s comparative negligence law to shift blame for a crash and pay as little as possible to resolve car accident claims. We will be dedicated to properly determining fault, protecting your rights, and working hard to maximize your compensation.What Is Comparative Negligence?Under South Carolina\u2019s modified comparative negligence statute (S.C. Code \u00a7 15-38-15), you can recover compensation after a car accident if you are not more than 50 percent at fault for the crash compared to the other drivers involved. You may not be compensated for bodily injury, vehicle damage, or other harm you suffered if your contributory negligence exceeds that threshold.The purpose of the law is to ensure that financial responsibility is evenly distributed among the parties when an auto accident occurs. If your fault determination exceeds the 51 percent threshold in South Carolina, you are deemed the party mainly responsible for the crash.For example, suppose you are in a car accident that results in $100,000 in harm. In South Carolina, if the evidence shows you are 25 percent at fault, meaning you have shared fault for the accident, your recovery will be reduced by that percentage. So, the most you could recover in a verdict or settlement would be $75,000. On the other hand, if you were 75 percent at fault, you would recover nothing.What Does Being At-Fault for a Car Accident Mean in South Carolina?South Carolina follows a \u201cfault\u201d or \u201ctort-based\u201d system in car accident cases. To recover damages in a car accident lawsuit, a party must file a claim against the party whose actions (or failure to act) caused the auto accident to happen. That party is the one who is deemed to be \u201cat-fault\u201d for the crash.Typically, you must file a claim that seeks compensation through the at-fault driver\u2019s auto insurance liability coverage. However, in some circumstances, such as when the at-fault driver lacks insurance or enough insurance funds to cover your losses, you may file a claim with your car insurance company through your uninsured\/underinsured (UM\/UIM) policy.\ufeffWhat Four Factors Must You Prove to Determine Fault in a Car Accident?To prove fault in a South Carolina car accident-based personal injury claim, you typically must show that the other driver was negligent. A negligence claim requires collecting evidence to prove four elements:Duty \u2013 The other party owed you a duty of care. Generally, drivers owe a duty to others on or near the road to follow the law and drive reasonably and safely.Breach \u2013 The party failed to fulfill the duty of care. For example, instead of driving reasonably and safely, the party ran through a red light, texted while driving, or got behind the wheel after they had consumed an excessive amount of alcohol.Causation \u2013 But for the party\u2019s breach of the duty of care they owed you, such as driving at an excessive speed instead, or failing to follow the posted speed limit, the accident and your injuries would not have happened.Damages \u2013 Due to the party\u2019s irresponsible actions (or failure to act), you have suffered actual harm such as medical expenses, lost wages, physical pain and suffering, and emotional distress.Could Multiple Parties Be Considered At-Fault in a South Carolina Car Accident?Yes, multiple parties can be considered at-fault in a car accident in South Carolina under the state\u2019s modified comparative negligence rule. For example, suppose a crash occurs in which Driver No. 1 is 40 percent at fault, Driver No. 2 is 40 percent at fault, and you are 20 percent at fault. The total amount of damages is $100,000.Because you are 20 percent at fault, the most you could recover would be $80,000. You could seek that full amount from either Driver No. 1 or No. 2, and they could be made to pay the full amount. Whichever driver pays the full amount can then seek reimbursement from the other driver based on their percentage of fault, or $40,000.Who Determines Who Is At-Fault for the Auto Accident?In settlement negotiations, the parties determine who is at fault by preserving, gathering, analyzing, and presenting physical evidence and other evidence supporting their fault allegations. The parties can agree on how to apportion blame. If those discussions do not result in a car accident settlement, it will be up to a judge or jury to decide fault.\ufeffHow Long Do You Have to File a Car Accident Lawsuit in South Carolina?If you suffer injuries in a car accident in Rock Hill or elsewhere in South Carolina, you must file a personal injury lawsuit within three years from the date of injury. (If you file a wrongful death claim after a car accident, you must file it within three years from the date of your loved one\u2019s death.) Exceptions can increase or decrease the time to take legal action. You should consult with a knowledgeable and experienced car accident attorney as early as possible to preserve your rights and give the attorney adequate time to investigate your crash and research your claim.Contact a South Carolina Car Accident LawyerFor decades, our committed auto accident attorneys at McKinney, Tucker & Lemel, LLC, have fought to protect the rights of crash victims and their families in Rock Hill and throughout South Carolina when they pursue an auto insurance claim and\/or personal injury lawsuit. As one former client states:\u201cThey really understood where I was going and what I needed.\u201d— Becca StillmanIf you suffered injuries in a car accident, contact us today to receive an initial consultation, discuss how to determine fault, and review the specific facts of your case and your available legal options.Visit Our South Carolina Car Accident Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Is Fault Determined in a Car Accident in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/how-is-fault-determined-in-a-car-accident-in-south-carolina\/#breadcrumbitem"}]}]