Negligence law is the basis for most accident compensation. Most accidents don’t happen on purpose. Instead, they are the result of negligence, or careless behavior that creates an unreasonable risk of harm.
South Carolina negligence law is the body of law that determines fault and legal liability for accidents. It says what should happen when multiple parties are at fault and when the plaintiff shares some fault.
Our Columbia personal injury attorneys at Rikard & Protopapas explain South Carolina negligence law.
South Carolina Comparative Negligence Law
South Carolina Code of Laws § 15-38-15 is the comparative negligence law. The law says that a claimant’s damages are reduced by their relative share of fault. However, if the claimant’s total fault is 51% or greater, they don’t receive any compensation.
Comparative negligence law is the law that applies when the victim is partially responsible for an accident. When there are multiple parties whose negligence caused the accident, and one of them is the person claiming compensation, comparative negligence law determines what compensation they should get.
Understanding Negligence in South Carolina
South Carolina negligence laws, at a glance:
- Negligence is behavior that is unreasonably dangerous. It is doing something, or failing to do something, that a reasonable person wouldn’t, that creates an unreasonable risk of harm.
- Whether actions are negligent depends on the specific circumstances.
- Negligence is the most common basis for civil legal liability. If you are harmed by someone else’s negligence, you may have a claim for monetary compensation.
- Comparative negligence is the law that applies in a situation where the plaintiff may be at fault.
- If a person claiming compensation is less than 51% at fault, they can get compensated, but their total compensation is reduced by their own percentage of fault.
- If a person claiming compensation is 51% or more at fault, they receive no compensation.
- It’s the jury that decides the percentage of fault for each party, if the parties don’t reach a settlement on their own.
- Comparative negligence applies to all types of negligence cases including car accidents and slip and falls.
- The jury apportions comparative negligence based on the evidence presented at trial, so it is important for the victim to present a strong case.
An example of comparative negligence
What happens when the plaintiff is at fault, too?
For example, two cars approach an intersection. The first driver has the right of way, but they are speeding. The second driver ran the stop sign. The cars collide. The first driver, who was speeding, is hurt. They sustain $70,000 in damages. The second driver, who ran the stop sign, is not hurt.
In this situation, the second driver likely has more culpability for the accident, but both drivers share some fault for the accident. Comparative negligence is a way of taking the injured party’s own fault when determining compensation.
With the injured party, in this case the speeding driver, having some fault for the accident and their own injuries, it would be unfair to allow them to recover in full. Comparative negligence is the answer used in South Carolina law. The law determines each party’s relative share of fault and then reduces a party’s compensation based on their fault.
For example, the jury hears the case. They assign 20% fault to the speeding driver, and 80% fault to the driver who ran the stop sign. They award $70,000 in total damages. In this case, compensation for the driver claiming compensation is reduced by 20% to account for their own fault. 20% of $70,000 is $14,000 that is not payable in compensation because of comparative fault. The driver claiming compensation is awarded $56,000 in total compensation.
Comparative negligence examples
Example #1
A driver is hurt in an accident. They were 10% at fault, and they sustained $90,000 in damages. They may recover 90% of $90,000 — or $81,000.
Example #2
A driver is hurt in an accident, was 40% at fault, and they sustained $200,000 in damages. They may recover 60% of $200,000 — or $120,000.
Example #3
A driver gets hurt in a crash and was 70% at fault. They sustained $200,000 in damages. Because they are more than 50% at fault, they cannot recover any compensation.
Comparative Negligence Laws in States Other than SC
The 51% rule of comparative negligence is the law in South Carolina. There are some significant variations in how states handle comparative fault.
Some states use pure comparative negligence. In these states, compensation is reduced as a percentage of fault, but there is no cliff effect where the claimant receives nothing. Even if the claimant is 99% at fault, in theory, they could still recover 1% of their damages.
Other states use contributory negligence. In those states, if the claimant has any percentage of fault, they may not recover any compensation.
Most states use some form of modified comparative negligence, like South Carolina. Even among these states, there are slight variations. You should refer to the law that applies in your case.
Who decides comparative fault in South Carolina?
Under S.C. Code 15-38-15(C), the jury decides percentages of comparative fault. If the case is decided without a jury, then the court decides. The jury specifies damages and then the percentage of comparative fault, if any.
How does comparative negligence work if there is a third party who is not a part of the case?
A defendant may argue that there is another party with comparative fault for the accident and damages. That party may or may not be a party to the case.
What if a third party already paid a settlement related to the case? How does comparative negligence work then?
If a third party already paid a settlement, comparative negligence is applied in proportion to each defendant’s percentage of liability as determined by the jury or court.
Our Lawyers Can Explain Comparative Negligence in Insurance
- Comparative negligence may impact the amount of compensation you get.
- If you’re more than 50% at fault for an accident, you may not receive compensation.
- The insurance company isn’t the final say. It’s the jury or court that decides each party’s fault.
- The evidence and arguments that you present may be very important to your claim success.
- Even if you disagree with the other side about fault, it may be possible to reach a settlement through skilled negotiations.
Our lawyers at Rikard & Protopapas help people evaluate how comparative negligence may apply in their case. We build evidence, present the case, make arguments, and negotiate on behalf of our clients.
For an evaluation of how comparative negligence may apply in your case, and to get legal help today, contact us.