One of the most important questions when someone is injured in an accident is often: Who was at fault? Determining liability is not always simple. Sometimes the injured person and another party may share blame.
This is where the concept of contributory fault comes into play. Here is what you need to know about how South Carolina handles shared fault after an accident.
What Exactly Is Contributory Fault?
Contributory fault describes situations where an injured person’s own actions play a role in causing an accident or worsening their injuries. It does not mean the person is entirely responsible. Instead, their behavior is weighed alongside the other party’s conduct to determine how liability should be divided.
For example, imagine a driver struck by another motorist who ran a stop sign. If the first driver was texting and not fully paying attention, they could still be assigned some responsibility for the crash. Similarly, a shopper who slips on a wet grocery store floor may face claims that their decision to run through the aisle contributed to the accident.
The idea behind contributory fault is fairness. Each person is held accountable for the portion of harm caused by their own actions. This division of responsibility can directly affect the amount of compensation an injured party is allowed to recover.
South Carolina’s Modified Comparative Negligence Rule
South Carolina applies a modified comparative negligence rule, which acknowledges that accidents are rarely one-sided. It allows personal injury victims to seek compensation even if they share some responsibility for their accident. However, they cannot be primarily at fault.
Here is how the modified comparative negligence rule is applied:
- You can recover damages if you are less than 51 percent at fault for your accident.
- Your percentage of fault will reduce your compensation proportionally.
- You are barred from recovering compensation if you are determined to be 51 percent or more at fault.
This is known as the 51 percent bar rule. It prevents people who are primarily responsible for their injuries from shifting the financial liability to others, while also protecting victims who share only minor blame.
Examples of Contributory Fault in South Carolina
Contributory fault issues are not limited to one type of personal injury case. It can arise in almost any situation where an injury occurs. Courts and insurance companies carefully evaluate the circumstances of each case to determine how much blame, if any, should be assigned to every party. Because these determinations can significantly affect your compensation, knowing where contributory fault may arise is crucial.
Some of the most frequent examples of contributory fault include:
- Car accidents: A driver injured in a collision may have been speeding, failing to signal, or not wearing a seatbelt.
- Motorcycle accidents: A rider who is not wearing a helmet or who weaves between lanes could be assigned part of the fault if they are injured in a crash.
- Slip and fall accidents: A shopper injured in a store may have ignored warning signs or been distracted by their phone.
- Workplace accidents: An employee might fail to wear protective equipment, even though the employer did not provide adequate safety training.
- Pedestrian accidents: A pedestrian may have crossed the road outside of a crosswalk, or a cyclist may not have used proper lights at night.
- Product liability accidents: A consumer may misuse a product in a way that increases the likelihood of injury.
- Dog bite accidents: A person who provokes or teases a dog may share responsibility if they are later bitten.
These situations show how quickly contributory fault can come into play. Insurance adjusters and lawyers often seize on these details to shift blame and reduce payouts.
How a Charleston Personal Injury Lawyer Can Help with Contributory Fault
Working with an experienced Charleston personal injury lawyer is one of the best ways to protect yourself against unfair fault assignments after an accident. Lawyers understand how insurance companies build their arguments and can counter those tactics with strong evidence.
A lawyer can:
- Investigate your accident and collect police reports, surveillance video, and other evidence.
- Hire accident reconstructionists, medical professionals, and other experts to provide testimony.
- Challenge exaggerated claims of fault that insurance companies or defense lawyers may make against you.
- Negotiate aggressively for a fair settlement that reflects the true extent of your damages.
- Take your case to trial if the other side refuses to make you a reasonable settlement offer.
A lawyer’s role is to pursue compensation and level the playing field. Insurance adjusters handle these cases daily, and their job is to minimize payouts. You may find yourself pressured into accepting far less than your claim is worth without a lawyer.
Contact a Charleston Personal Injury Lawyer Today
Contributory fault is one of the most important concepts in South Carolina personal injury law. It can reduce the amount you recover or prevent you from recovering compensation entirely. However, being partly at fault does not mean you should give up your claim.
If you or a loved one has been hurt in a car accident, slip and fall, or other incident, do not assume that contributory fault leaves you without options. An experienced Charleston personal injury lawyer at Ty Robinson Law Firm can help you fight for fair compensation and protect your rights every step of the way. Contact us online or call (843) 278-2222.