In South Carolina, fault in a car accident is determined based on the principle of “comparative negligence.” This means that each party’s level of fault is assessed to establish liability. The process typically involves gathering evidence such as police reports, witness statements, and accident scene photos. Insurance companies and legal professionals analyze this information to determine who was negligent. South Carolina follows a “modified comparative negligence” rule, meaning you can recover damages only if you are less than 51% at fault. If you’re involved in a car accident, it’s crucial to consult with a local attorney who understands South Carolina’s traffic laws to ensure your rights are protected and to help navigate the claims process effectively.