You were just in a car accident. Your vehicle is damaged, you’re shaken up, and now you’re wondering:
“Whose fault is it?” 🤔
“Will I still get compensated?”
In South Carolina, the answer depends on a few key factors — and what you do next matters.
At Burts Law, PLLC, we help drivers across the state understand their rights and fight for full compensation after a crash. Here’s what you need to know about how fault is determined in South Carolina car accident cases 👇
⚖️ South Carolina Follows “Modified Comparative Negligence”
This simply means:
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You can still recover damages if you’re less than 51% at fault
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But your compensation will be reduced by your percentage of fault
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If you’re 51% or more responsible, you get nothing
💡 Example: If you’re awarded $100,000 but found to be 30% at fault, your final award would be $70,000.
🔍 How Is Fault Determined?
Insurance companies, law enforcement, and attorneys look at multiple pieces of evidence to determine fault:
🚓 1. Police Report
When police respond to the scene, they write a detailed report. This often includes:
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A diagram of the accident
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Any citations issued (e.g., speeding, running a red light)
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Witness statements 👀
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An officer’s opinion on who was at fault
📝 While not the final word, police reports are often highly persuasive in insurance negotiations.
📸 2. Photos, Videos & Dashcam Footage
Pictures of vehicle damage, road conditions, and skid marks can help reconstruct how the crash occurred. 🎥
🔁 Dashcam or surveillance video can be crucial — especially in cases involving red lights, stop signs, or disputed lane changes.
👥 3. Witness Statements
Eyewitnesses are powerful. If a third party saw the crash happen, their account can support your version of events — or challenge it.
✍️ Get names and contact info at the scene, if you’re able.
🧾 4. Traffic Laws & Violations
If one driver clearly violated a traffic law — like failing to yield or texting while driving 📱 — they’ll likely bear the brunt of the blame.
Certain violations automatically point to negligence.
🛠️ 5. Accident Reconstruction Experts
In serious or disputed cases, professionals may be brought in to recreate the accident using math, physics, and engineering models.
🚘 They analyze vehicle positions, speeds, and impact zones to determine fault with scientific precision.
🛑 Insurance Companies Don’t Always Get It Right
Insurers are not neutral. Their goal is to protect their bottom line — not necessarily to be fair.
That’s why it’s important to speak with an attorney who will:
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Gather evidence ✅
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Challenge inaccurate fault findings ❌
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Maximize your payout 💰
👨⚖️ Why Work With Burts Law, PLLC?
At Burts Law, PLLC, we know how to fight insurance companies — and win. We’ll investigate the crash, determine liability, and build a strong case that gets results.
📞 Call (866) BURTS-LAW
🌐 Visit www.burtslaw-sc.com
📍 Serving car accident victims across South Carolina
🧠 Final Thoughts
Fault isn’t always obvious. And insurance companies aren’t always fair.
Let Burts Law, PLLC help you cut through the confusion and fight for every dollar you’re owed.
📞 (866) BURTS-LAW
🌐 www.burtslaw-sc.com
🚗 Injured in a car accident? Let us help you prove the truth.
