Who Is at Fault? South Carolina's Modified Comparative Negligence and the 51 Percent Bar

After a crash, the other driver's insurer often has one goal: pin enough blame on the rider to pay little or nothing. Understanding the South Carolina fault rule keeps you from accepting a bad answer.

Modified comparative negligence, explained

South Carolina uses modified comparative negligence with a 51 percent bar. You can recover if you are not more than 50 percent at fault, and your recovery is reduced by your share. If your damages are 100,000 dollars and you are found 30 percent at fault, you can still recover 70,000. But if you are found 51 percent or more at fault, you recover nothing. A split-fault wreck is not worthless.

The bias riders face

Motorcyclists are often blamed by default. Witnesses and even officers can assume the rider was speeding or weaving. That is why scene evidence, photos, and independent witnesses matter so much. Fault is argued, not assumed, and good evidence shifts the argument and your share of it.

Common shared-fault situations

Left-turn crashes on US-17, lane-change collisions, and intersection wrecks frequently involve disputes over who had the right of way and who could have avoided the crash. Lane position and visibility get raised. Because the 51 percent bar can wipe out a recovery entirely once you cross into being more than half at fault, keeping your share of fault down is not academic. A clear record of the other driver's error is your best protection.

Every crash is different. This is general information about South Carolina law, not advice about your case.