Accidents are rarely one person’s fault alone. If you played some part in what happened, you might already be worried you’ve lost your right to compensation. Here’s the good news: in South Carolina, sharing some of the blame doesn’t automatically close the door on your claim.
A South Carolina personal injury lawyer from Smith Jordan Law can look at what happened and give you an honest read on where you stand.
Does South Carolina let you file a claim if you were partially at fault?
South Carolina does let you file a claim if you were partially at fault, as long as you weren’t more responsible for the accident than everyone else combined. South Carolina courts allow injured people to file a claim even if they share some of the blame, as long as they’re not found more than half responsible.
This isn’t a rule buried in an insurance policy. It comes from how South Carolina courts have handled these cases for years. What matters for you is simple: your share of the fault affects your case, but it doesn’t have to end it.
What happens to my compensation if I share the blame?
Your compensation gets reduced by whatever share of the blame you’re found to carry. The more fault you hold, the smaller your payout, but you don’t walk away empty-handed unless you’re found more than half responsible for what happened.
A personal injury attorney’s job here is to keep that percentage as low and as fair as the facts allow, since it directly affects what you take home.
How do we figure out who’s at fault?
There isn’t a single test for this. It comes down to evidence. Depending on your accident, that might include the police report, what witnesses saw, footage from a nearby camera, or a doctor’s account of how your injuries happened. In more complicated cases, we may also bring in an accident reconstruction expert.
Insurance companies do their own digging too, and their goal is to pay you as little as possible. Having someone in your corner, like gathering evidence and pushing back on their version of events, makes a difference in what you ultimately recover.
Can I still recover the same types of compensation?
Yes. Sharing some of the blame changes how much you can recover, not what you can recover. You can still pursue compensation for medical bills, lost wages, property damage, pain and suffering, and the ways the accident has disrupted your life.
Insurance companies often lowball these claims once they know you share some fault. We push back on those numbers and fight for what your claim is actually worth.
What should you avoid saying after an accident?
It’s natural to want to apologize or reassure people after a crash, but be careful. Saying “I’m sorry” or “I’m fine” can be used against you later, even if you didn’t mean it as an admission of fault. So can casual comments like “I didn’t see you coming.”
If the other driver’s insurance company calls, you don’t owe them an explanation. Don’t give a recorded statement, and don’t let them talk you out of getting a lawyer. Talk to us first; we’ll help you figure out what to say, and once you’re our client, we can take those calls for you.
Partly at fault? Smith Jordan Law can still help.
Sharing some of the blame doesn’t mean you’re out of options. Call (864) 343-22222 or reach out online to set up a free consultation with a South Carolina personal injury attorney. We’ll look at what happened, give you an honest read on where you stand, and if there’s a path forward, we’ll fight for every dollar you’re owed.