In South Carolina, fault in a motorcycle accident is determined by examining the evidence and applying the state’s modified comparative negligence rules. This means that each party’s degree of fault is assessed, and if the injured person is found to be 51% at fault or higher, they are not eligible for any compensation from the other party.
To determine fault, accident investigators and insurance adjusters will review:
- Police reports
- Witness statements
- Physical evidence at the scene, such as skid marks and vehicle damage
- Traffic camera footage, if available
In some cases, accident reconstruction experts may be brought in to analyze the evidence and provide an opinion on how the accident occurred and who was at fault. Ultimately, if the parties cannot agree on fault, a judge or jury may need to make the determination based on the evidence presented in court.
It’s important to note that even if a motorcyclist is partially at fault for an accident, they may still be able to pursue compensation if their percentage of fault is 50% or less. However, their potential compensation would be reduced by their percentage of fault. For example, if a motorcyclist is found to be 30% at fault and their damages are $100,000, they would only be able to recover $70,000 from the other party.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
