The Short Answer: It Depends on Your Share
You may still be able to recover money even if you were partly to blame. Under South Carolina's modified comparative negligence rule, you may still recover damages if you were less than 51% responsible for the accident and can establish the other driver's liability.1
So the usual question is how much of the fault was yours. That depends on the facts of your crash, and only by talking it through with a lawyer will you know how it applies to you.
What Should I Write Down and Save?
Write down what you remember while it is fresh. Note how fast traffic was moving, what the other driver did, and what anyone said. Keep photos of the cars and the road.
If you're in the hospital, a family member or friend can collect the photos, witness names and police report for you. Ask them to save anything they find, even if it seems small.
Before you agree to a number, it helps to understand how a first settlement offer works.
Illustration only. This is not a real case or a result our firm obtained.
Example: A crash where both drivers made a mistake Marcus is driving a little over the speed limit. Another driver turns left in front of him and they collide.
Real fault splits depend on the evidence in each crash.
Does Shared Fault Change How Long I Have to File?
No. Fault and timing are separate questions. For most personal injury claims in South Carolina, you must file a lawsuit within three years.2 Claims against a government agency have their own deadline, which can be shorter.3 Opening an insurance claim does not stop the deadline.4
Learn more about how long you have to file.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- The other side says the crash was mostly your fault
- The police report blames you and you disagree
- Your share of fault may be close to half
- There were several cars or drivers involved
- An offer seems low because of blame placed on you
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.1
- Most personal injury claims in South Carolina must be filed within three years.2
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.3
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.4
Frequently Asked Questions
How much of the fault was mine?
Nobody can answer that from a web page. It comes down to the evidence, what witnesses saw and details you may not know yet. Going over your crash with a lawyer is the way to get an honest read.
Does the police report decide who was at fault?
A police report is one piece of the picture. How it fits with everything else in your crash is something a lawyer can only tell you after looking at all of it.
Should I avoid saying the crash was my fault?
It is usually wise to stick to the facts and avoid guessing about blame. You may not know everything that happened, like how fast the other driver was going.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.
Attorney responsible for this page: Sean Hall, Sean Hall Law Firm, LLC. Office: 677 King Street, 3rd Floor, Charleston, SC 29403.
