Car Accident Lawyer Greenville

Car accidents can happen in an instant, but the consequences may last a lifetime. If you’ve been injured in a crash due to someone else’s negligence, you shouldn’t have to shoulder the burden alone. Mann, Blake & Jackson is here to stand up for your rights and fight for the compensation you deserve. Whether you’re dealing with mounting medical bills, lost wages, or ongoing pain, an experienced car accident lawyer from our team can help guide you through the legal process. Call us today at 864-777-4262 to schedule your free consultation. We’re ready to listen, support, and advocate for you.

Understanding South Carolina’s Fault Laws In Car Accidents

After a car accident, one of the most important legal questions is who was at fault. In South Carolina, this question carries significant weight. It determines whether you can pursue compensation, how much you might receive, and what hurdles you could face along the way. If you’re dealing with an injury, lost income, or mounting medical bills, knowing how fault laws apply can help you make informed decisions.

South Carolina Uses a Fault-Based System

South Carolina is an “at-fault” or “tort” state when it comes to car accidents. This means the person who caused the accident is responsible for covering the damages. If you’re injured in a crash and someone else is at fault, you have the legal right to pursue compensation from their insurance company or file a lawsuit against them.

There are generally three paths to compensation:

Filing a claim with your own insurance company (who may then pursue reimbursement from the at-fault party)
Filing a claim directly with the at-fault driver’s insurance company
Filing a personal injury lawsuit in court

Unlike in “no-fault” states, where each party relies primarily on their own insurance for minor injuries, South Carolina allows you to seek damages from the other driver right away if they were responsible.

What Is Comparative Negligence and How Does It Work?

South Carolina follows what’s known as a modified comparative negligence rule. This means you can still recover damages in a car accident case even if you were partially at fault—as long as you were not more at fault than the other party.

Here’s how it works in practice:

If you are found 0% to 50% at fault, you may still recover compensation, but your damages will be reduced in proportion to your level of fault.
If you are 51% or more at fault, you are barred from recovering anything.

This rule is particularly important in cases involving multiple drivers or unclear accident scenes. Insurance companies often use this law to reduce their payout by arguing that the injured party shares part of the blame.

Example Scenario

Imagine you were rear-ended by another driver, but one of your brake lights was out at the time. The other driver may be found 80% responsible for following too closely, while you are found 20% responsible for failing to maintain your vehicle. If your total damages are $10,000, your award would be reduced by 20%, and you would receive $8,000.

If the roles were reversed and you were found 55% responsible, you would not be able to recover anything under South Carolina’s laws.

Who Decides Fault in a Car Accident?

In many cases, fault is initially determined by the insurance companies involved. They review police reports, witness statements, photographs, medical records, and other evidence to make a decision. However, their findings are not final. If you disagree with the outcome, you can challenge their decision through negotiation, mediation, or litigation.

In a court case, fault is ultimately determined by a judge or jury. Your personal injury attorney will play a critical role in gathering and presenting evidence to support your claim and defend against allegations of shared fault.

The Role of Evidence in Proving Fault

Evidence is essential when it comes to assigning blame in a car accident. Some of the most common forms of evidence include:

Police reports: These often include diagrams, statements from the involved parties, and the officer’s opinion on who was at fault.
Photos and video: Dash cam footage, surveillance video, and photos from the scene can clarify what happened and support your version of events.
Eyewitness accounts: Neutral third parties can provide powerful testimony about how the crash occurred.
Medical records: These help connect your injuries to the accident and demonstrate the severity of your condition.
Accident reconstruction experts: In complex cases, professionals may be brought in to analyze vehicle damage, skid marks, and other physical evidence.

Gathering and preserving this evidence quickly is critical. The longer you wait, the more likely it is that important information will be lost or forgotten.

Why Determining Fault Can Be Complicated

Not all car accidents are straightforward. Sometimes, both drivers break a traffic law. Other times, road conditions, mechanical failures, or even third parties contribute to the crash. When more than one factor is involved, fault becomes more difficult to prove—and insurance companies may seize the opportunity to reduce their liability.

In these situations, working with an attorney who understands South Carolina’s legal standards and has experience with comparative negligence claims can make a difference. An experienced lawyer can help protect your rights, challenge unfair accusations, and make sure the proper evidence is presented.

How Fault Affects Your Insurance Rates

Fault doesn’t just affect your injury claim. It can also influence your auto insurance premiums. If you’re found at fault for an accident—even partially—your insurer may raise your rates at renewal. If you’re not at fault, you may be entitled to compensation without affecting your premiums.

Keep in mind that South Carolina requires all drivers to carry liability insurance with minimum limits of:

$25,000 for bodily injury per person
$50,000 for bodily injury per accident
$25,000 for property damage

If the at-fault driver is uninsured or underinsured, you may have to rely on your own uninsured/underinsured motorist coverage. South Carolina law requires insurers to offer this coverage, though drivers can decline it in writing.

Why Legal Help Matters in Fault-Based Claims

Fault-based car accident cases can become adversarial quickly, especially when injuries are involved. Insurance adjusters are trained to minimize payouts, and they may try to shift blame or downplay your injuries. This is why having legal representation can be a smart move.

An attorney can:

Investigate the crash and gather supporting evidence
Work with accident reconstruction experts if needed
Communicate with insurance companies on your behalf
Negotiate a fair settlement
Take your case to trial if necessary

By understanding South Carolina’s comparative fault rules, your lawyer can develop a strategy that protects your right to compensation—even if fault is disputed.

If you’ve been involved in a car accident in Greenville or elsewhere in South Carolina, don’t assume you have no case just because you may share some of the blame. Under South Carolina’s modified comparative negligence rules, you could still be eligible for compensation.

Every case is different. The key is understanding how the law applies to your specific situation. Fault matters, not just in determining liability, but in shaping the outcome of your claim. Having a skilled personal injury lawyer on your side can help you navigate these rules with confidence and increase your chances of recovering the compensation you need.

Why You Need a Car Accident Attorney on Your Side

After a crash, the insurance companies may seem cooperative at first—but their goal is to minimize payouts, not protect your rights. That’s why working with an experienced car accident attorney matters. At Mann, Blake & Jackson, we understand the tactics insurers use and how to counter them. Our team is dedicated to helping injured drivers in Greenville recover full and fair compensation. Whether you’re dealing with physical pain, financial stress, or long-term recovery, we’re here to help. Call us today at 864-777-4262 for a free consultation and let us take the pressure off your shoulders while you focus on healing.