How is fault determined in a South Carolina motorcycle accident?

August 15, 2024 – Paul Hammack

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.