Car accidents aren’t always black and white. Sometimes, both drivers share blame—but does that mean you can’t recover compensation? Not necessarily. South Carolina follows a rule called modified comparative negligence, and it can make or break your case. 🧠💥
At Burts Law, PLLC, we help clients navigate this tricky area of the law so they can still fight for the compensation they deserve.
⚖️ South Carolina’s Modified Comparative Negligence Rule
South Carolina uses a 51% bar rule, which means:
✅ You can recover compensation as long as you are less than 51% at fault.
❌ If you are 51% or more at fault, you’re barred from recovering any damages.
Your percentage of fault reduces your compensation.
📌 Example:
If you’re awarded $100,000 but found 30% at fault, you’ll receive $70,000. 💵
🚦 Common Scenarios Where Fault Is Shared
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🚗 You were speeding, but the other driver ran a red light
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🚙 You weren’t wearing a seatbelt when rear-ended
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🛑 You made an unsafe lane change, but the other driver was texting
Insurance companies will often try to shift more fault onto you to avoid paying. Don’t fall for it—fight back with solid legal representation.
📝 How Is Fault Determined?
Fault is based on evidence, which may include:
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Police reports 👮
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Eyewitness statements 👀
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Traffic camera footage 🎥
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Vehicle damage photos 📸
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Expert reconstruction testimony
At Burts Law, PLLC, we investigate thoroughly to challenge any unfair blame.
🧾 What Compensation Can You Still Get?
If you’re under the 51% threshold, you may still recover:
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Medical bills
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Lost wages
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Pain and suffering
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Property damage
…all reduced by your percentage of fault.
❗Why You Shouldn’t Admit Fault at the Scene
Even a casual “I’m sorry” can be used against you. Let law enforcement and your lawyer determine liability based on facts, not emotion.
👨⚖️ Get Help Before It’s Too Late
When partial fault is involved, insurance companies fight harder to deny your claim. Don’t go it alone.
📞 Call (866) BURTS-LAW or visit 🌐 www.burtslaw-sc.com to schedule your free consultation today.
