How “Comparative Negligence” Works When Both Parties Are Injured

Car wrecks and other accidents can get messy fast. Things get even more complicated when more than one person is hurt and both sides say the other is to blame. In South Carolina, this is where the rule of comparative negligence comes into play.

If you’ve never been through it before, it can feel confusing and unfair. You might be asking yourself, How can I file a claim if I was also hurt and maybe partly at fault? Let’s break it down in plain English so you know what to expect.

What Comparative Negligence Means in South Carolina

South Carolina follows a system called modified comparative negligence. Here’s what that means:

• Fault is divided between everyone involved.
• You can still recover money if you were partly at fault, but only if your share of the blame is less than 51%.
• Whatever percent of fault you carry gets taken off your payout.

For example, say two drivers crash at an intersection. Driver A is found 40% at fault and Driver B is 60% at fault. Driver A can still collect 60% of their damages, but Driver B gets nothing because their fault was over 50%.

When Both Parties Are Injured and File Claims

When both sides are hurt, things can get tricky. Each person may file a claim against the other. The insurance companies, lawyers, and sometimes the courts have to figure out:

• Who caused what portion of the crash
• How severe each person’s injuries are
• How much fault to assign to each

It’s not uncommon for both people to recover something, but the amounts will depend on their share of fault.

Let’s say:

• You were rear-ended but your brake lights weren’t working.
• You suffered a neck injury, and the other driver broke a wrist.
• Investigators decide you were 30% at fault and the other driver was 70%.

In this case, you could still recover 70% of your damages. The other driver wouldn’t get anything because their fault is over 50%.

How Fault is Decided

Fault isn’t always cut and dry. Insurance adjusters and courts look at things like:

• Police reports
• Witness statements
• Traffic laws that were broken
• Photos or video of the scene
• Expert testimony in some cases

This evidence helps assign percentages of blame. Keep in mind, insurance companies often fight hard to lower their payout by pushing more fault on you.

Why This Matters When More Than One Claimant is Involved

When more than one person files a claim, the math of comparative negligence really matters. Small changes in fault percentages can swing thousands of dollars in or out of a case.

Here’s the reality:

• If you’re 0–50% at fault, you may recover damages.
• If you’re 51% or more at fault, you walk away with nothing.
• If both parties are under 51% at fault, both may recover, but amounts will differ.

Common Questions South Carolinians Have

1. What if we both agree we were partly at fault?

 You can both still make claims, but insurance and courts must still decide the actual percentages.

2. Can both of us win money from each other?

 Yes, if both are under 51% at fault. Each recovery is reduced by fault percentage.

3. What if fault feels unfair?

 You don’t have to accept the insurance company’s view. You can challenge it with a lawyer’s help.

Why Having a Lawyer Helps

When both sides are injured, it’s easy to feel lost. Insurance companies will not make it simple for you. A lawyer can:

• Gather evidence to show the other side’s fault
• Push back if an adjuster blames you more than they should
• Handle the math and negotiations so you don’t leave money on the table

In South Carolina, every percentage point of fault matters. Having someone in your corner makes a real difference.

Bottom Line

Comparative negligence isn’t just a legal term. It’s the rule that decides how much you can recover after a crash when more than one person is hurt. In South Carolina, you can still seek damages as long as you’re less than 51% at fault.

If you’re in this situation, don’t try to figure it all out alone. The process can get confusing and stressful, especially when both sides are filing claims. Talking to a local injury lawyer can help you protect your rights and make sure the outcome is fair. Contact Brewer Law Firm now.