Understanding South Carolina’s Fault Laws in Car Accidents

If you've been injured in a car accident in Myrtle Beach, it's important to understand how South Carolina’s fault laws impact your rights. South Carolina follows a “modified comparative negligence” system, which means determining who was at fault—and by how much—can significantly affect your ability to recover compensation.

At Natasha Hanna Law Office, we help injury victims throughout Myrtle Beach and Horry County navigate the complex insurance and legal process after an auto accident. Here's what you should know.

South Carolina Is an At-Fault State

In South Carolina, the driver who is determined to be at fault for causing the accident is responsible for paying damages. This is usually done through their auto liability insurance.

If you’re injured in a car accident, you can:

• File a claim with the at-fault driver’s insurance company

• File a claim with your own insurance (if applicable)

• File a personal injury lawsuit in civil court

This system puts the burden on victims to prove who was at fault.

What Is Modified Comparative Negligence?

South Carolina uses a modified comparative negligence rule. This means:

• You can recover damages only if you are 50% or less at fault for the accident

• Your compensation will be reduced by your percentage of fault

Example:
If you're found to be 20% at fault and your total damages are $100,000, you would be eligible to recover $80,000.

If you're 51% or more at fault, you are barred from recovering any damages.

How Fault Is Determined

Determining fault in a Myrtle Beach car accident involves:

• Police reports

• Eyewitness statements

• Traffic camera footage

• Accident reconstruction experts

• Insurance adjusters and attorneys

Having a skilled Myrtle Beach personal injury attorney on your side can make a big difference in presenting strong evidence and protecting your rights.

Why You Need Legal Representation

Insurance companies will often try to assign more fault to you than is fair to reduce or deny your claim. An experienced South Carolina car accident lawyer will:

• Investigate your accident thoroughly

• Challenge unfair fault determinations

• Negotiate with insurers for full compensation

• Take your case to court if necessary

At Natasha Hanna Law Office, we fight for accident victims across Myrtle Beach, Horry County, and surrounding areas. We understand the tactics insurance companies use—and how to protect you from them.

Get Legal Help After a Car Accident in Myrtle Beach

If you've been injured in a car accident in Myrtle Beach, don’t face the insurance companies alone. Let Natasha Hanna Law help you understand your rights under South Carolina’s fault laws and pursue the compensation you deserve.