South Carolina’s 51% Fault Rule: What It Means for Pedestrian Claims

A SC modified comparative negligence pedestrian accident claim depends on one number: your fault percentage. South Carolina Code Section 15-38-15 sets the rule. You can recover damages if you are less than 51% at fault. Cross that line, and you get nothing.

How the 51% Rule Actually Works

Say your total damages equal $100,000. If a jury finds you 20% at fault, your recovery drops to $80,000. That math feels harsh already. It gets worse if fault climbs higher. At 51% or more, your entire claim disappears.

This rule gives insurance adjusters real leverage. They know that pushing your fault number up, even slightly, saves their company money. Every percentage point matters.

Why Pedestrians Face Extra Scrutiny

Drivers get the benefit of clear traffic laws most of the time. Pedestrians face murkier standards. Adjusters ask whether you used a crosswalk. They ask whether you looked before crossing. They ask about your clothing and the lighting conditions. Each question probes for shared fault.

Shane Smith Law pushes back against these tactics. We gather evidence that shows what actually happened. Traffic camera footage often tells a clearer story than an adjuster’s assumptions.

Why Documentation Matters So Much

Photos from the scene help establish the facts. Witness statements add independent support. A police report creates an official record. Each piece of evidence protects you against an inflated fault argument.

Waiting to gather this evidence causes real problems. Surveillance footage disappears within days. Memories fade quickly too. Acting fast protects your claim.

How Shane Smith Law Fights the Fault Argument

Our attorneys investigate every angle of your crash. We look at driver speed, visibility, and roadway design. We consider whether the driver was distracted or impaired. This full picture often shows far less pedestrian fault than an adjuster first claims.

Learn more on our Greenville pedestrian accident lawyer page.

Talk to a Greenville Attorney About Your Fault Percentage

Do not accept an adjuster’s fault number without a fight. Shane Smith Law has recovered more than a quarter of a billion dollars for injured clients. Call 980-246-2656 for a free consultation.