If you’ve been injured in an accident, you’ll know that it’s not always as simple as one person being completely at fault. Often, multiple parties share some responsibility for what happened.
In these situations, comparative negligence plays a critical role.
The rules surrounding comparative negligence can vary depending on the state in which you live. Some states follow a “pure” system where you can recover damages no matter how much fault you share. South Carolina uses a “modified” system that sets limits on recovery based on your level of responsibility.
At its core, comparative negligence is about fairness—allocating fault proportionally to ensure that everyone is held accountable for their actions. Even a small percentage of fault attributed to you could significantly reduce your compensation. That’s why it’s important to have an experienced York, SC personal injury attorney who can advocate for your side of the story.
What Is Comparative Negligence? Comparative Negligence Definition
Comparative negligence is a legal principle used to allocate fault when more than one party contributes to an accident. Instead of assigning full blame to one person, the court or insurance adjuster divides responsibility based on the percentage of fault each party holds.
This division of fault directly affects how much compensation someone can receive. If you’re partially to blame, your compensation will be reduced by the percentage of your fault.
How Comparative Negligence Works
Let’s say your case is worth $50,000 in total damages. If you’re 20% at fault, you’ll only recover $40,000. The more fault you bear, the less you’ll receive—so every percentage point matters.
In South Carolina, your level of fault can determine whether you receive anything at all. South Carolina has a 50% bar rule, meaning you can’t recover any damages if you’re more at fault than the other party.
For instance, if you’re found to be 55% responsible for an accident, you would lose your right to collect compensation. However, if you’re 49% at fault or less, you can still recover damages.
The Difference Between Pure and Modified Comparative Negligence
How fault is shared between the parties involved can vary depending on the state’s rules. This is where the concepts of pure comparative negligence and modified comparative negligence come into play. Here is how they differ.
Pure Comparative Negligence
Under this system, you can recover damages no matter how much at fault you were. Your compensation is simply reduced by your percentage of fault. For example, if you’re found to be 70% at fault in an accident and your total damages are $100,000, you can still recover $30,000.
Modified Comparative Negligence
This system sets a threshold for fault at 50%. If you are found to be at or over this threshold, you cannot recover any compensation.
For example, if you’re 50% or more at fault in an accident, you would receive nothing. However, if you’re less than 50% at fault, your compensation would be reduced by your percentage of fault.
Examples of Comparative Negligence in Real-Life Personal Injury Cases
To better understand how comparative negligence works, let’s look at some real-life scenarios:
Slip and Fall in a Grocery Store
You’re shopping at a grocery store and slip on a wet floor. There was no warning sign, but you were also looking down at your phone instead of watching where you were walking.
In this scenario, the grocery store might be assigned 60% of the blame for failing to put up a warning sign, while you could bear 40% of the fault for not paying attention. If your damages total $20,000, your compensation would be reduced by 40%, and you’d recover $12,000.
Pedestrian Hit by a Vehicle
A pedestrian is struck by a car while crossing the road. The pedestrian was jaywalking instead of using a nearby crosswalk, but the driver was also speeding in a residential area.
Here, the pedestrian might be found 40% at fault for not using the crosswalk, while the driver takes on 60% of the blame for speeding. If the pedestrian’s medical bills and other damages total $100,000, they would receive $60,000 after a 40% reduction.
Workplace Injury Involving Safety Equipment
An employee at a construction site is injured when a piece of equipment malfunctions. However, an investigation reveals that the employee wasn’t wearing the required safety gear at the time of the accident, which contributed to the severity of their injuries.
The employer might be held 70% responsible for providing faulty equipment, while the employee could be 30% at fault for not following safety protocols. If the employee’s damages are $80,000, they would recover $56,000 after accounting for their share of the fault.
Car Accident
Two drivers collide at an intersection. One speeds through an intersection while the other makes an illegal left turn. The accident investigation reveals that the speeding driver is 40% at fault for exceeding the speed limit, which contributed to the severity of the accident.
The driver making the illegal turn is found 60% at fault for not following traffic laws meant to ensure right-of-way. This split in liability affects the compensation each driver can recover from the other.
The Role of Evidence in Proving Fault Under Comparative Negligence
The more evidence you can gather to support your side of the story, the better your chances are of proving that the other party bears more responsibility for the accident.
Here’s a breakdown of how evidence helps:
- Police reports provide an official account of the incident, detailing what happened and sometimes suggesting who was at fault based on the officer’s initial investigation.
- Photos and videos from the scene are hard evidence of the circumstances surrounding the incident. These include dashcam footage, security camera recordings, or even pictures taken by a smartphone.
- Witness statements can confirm details that you might not be aware of, which can help establish a clearer picture of who was responsible.
- Expert testimony might be used to explain the technical aspects of the accident. For example, accident reconstruction experts can help demonstrate how the accident happened and pinpoint factors like speed, angles of impact, and more.
Contact an Experienced York, South Carolina Personal Injury Lawyer
Having an experienced lawyer by your side in a personal injury case can help ensure you aren’t unfairly blamed for an accident.
With over 35 years of combined legal experience, our team at Hunter | Everage has the knowledge and expertise to guide you through the complexities of comparative negligence cases. We are here to stand with the struggling, the hard-working, the little guy, and those who feel helpless or desperate.
If you’ve been injured and want to know how comparative negligence might impact your case, contact our personal injury lawyers at 704-377-9157 for a free consultation.