You were hurt in a car crash, a slip and fall, or another accident because of someone else’s negligence. But what if an insurer can argue you played a role in the accident that caused your injury? Your compensation can be reduced by your share of fault, and if your fault exceeds 50%, you may be barred from recovery. This is called modified comparative negligence, the general rule for negligence claims in South Carolina. An insurer may try to argue you share more responsibility. However, working with a personal injury lawyer, like Matthew Breen, can help you challenge that position with evidence to support a fairer outcome under the law.
At Lowcountry Law, personal injury attorney Matthew Breen reviews the facts and challenges unsupported fault allegations. Named one of the Best Personal Injury Lawyers in Mount Pleasant in 2026 by Expertise.com, Matthew can explain how state law applies to your claim and challenge baseless fault assessments.
How Comparative Negligence in South Carolina Can Reduce Your Claim
South Carolina uses a modified comparative negligence system for claims involving negligence. This means you can recover damages if you are 50% or less at fault, provided you establish the other requirements of your negligence claim.
Your compensation is reduced by your percentage of fault. If your fault exceeds 50%, you cannot recover under this rule. Being exactly 50% at fault does not automatically bar recovery.
Let’s assume your total damages are $100,000 before any reduction for your share of fault. Applying South Carolina’s rule produces these results:
| Your Share of Fault | Your Compensation After the Fault Reduction |
|---|---|
| 0% | $100,000 |
| 20% | $80,000 |
| 40% | $60,000 |
| 50% | $50,000 |
| 51% | $0 |
Shared fault can arise in several types of accidents, but the circumstances and evidence determine whether you bear any responsibility.
Examples of Shared Fault
Here are some examples of when fault might be shared in a personal injury claim:
- Car accident: Another driver runs a red light, but you’re speeding, which contributes to the crash.
- Slip and fall: A store knows about a spill but fails to clean it up, and you’re looking at your phone and miss the hazard.
- Construction accident: A contractor leaves debris in a walkway, but you take a shortcut through a clearly restricted area and trip over it. This example concerns a third-party negligence claim, not a workers’ compensation claim.
If the evidence supports it, an insurer’s argument that you share fault could reduce or prevent recovery. An attorney experienced in countering insurance tactics, like Matthew Breen, will evaluate shared-fault allegations and challenge unsupported attempts to reduce your compensation.
Partly at Fault? Here’s How We Still Fight for You
An insurer may argue that your actions contributed to an accident, even if you disagree. In some cases, you may have actually done something that contributed to the accident. Even if the insurer argues you are partly at fault, you may still have a claim as long as you stay at or below the 50% fault threshold. Attorney Matthew Breen will stand by your side and help you secure fair compensation. Hear how he fights cheap insurance tactics in the video below:
Based on his experience, Matthew has found that insurance companies often try to automatically assign 10-15% of fault to the victim. But Matthew doesn’t back down, even when insurers use dirty tactics to reduce your payout. He will review the evidence and challenge attempts to assign you more fault than the evidence supports.
To counter fault arguments, Matthew will focus on the facts of the accident. Depending on the circumstances, Matthew may examine the following evidence to assess how the injury happened:
- TR-310 crash reports
- witness statements
- photographs
- available video footage
He can also evaluate whether your actions actually contributed to the accident, not simply whether the insurer has identified something you did wrong. Even if you were genuinely partly at fault, Matthew can help you avoid leaving money on the table. If you need to take your claim to trial, Matthew will fearlessly stand by your side and push to improve your chances of getting the full value of your claim.
Book a Free Consultation With Lowcountry Law Today!
An insurer’s allegation that you share fault does not mean you should accept its assessment or a reduced settlement. You deserve to understand the evidence, how it could affect your claim, and your options for challenging that assessment. Attorney Matthew Breen can review what happened, explain how comparative negligence in South Carolina may apply, and pursue the compensation the evidence really supports.
At Lowcountry Law, Matthew fights with integrity and honor, building on his experience at The Citadel. As a 14th-generation South Carolinian and second-generation lawyer, Matthew walks in a longstanding tradition of representing clients in the Palmetto State.
Matthew stays true to his firm’s motto: always available for his clients. If you’re hurt in an accident, book a free consultation at our Mount Pleasant or Myrtle Beach office today.
