When a car accident occurs, one of the most important things to do afterward is to determine who is at fault. In South Carolina, this determination influences insurance claims and identifies those legally responsible for injuries sustained in the crash. How is fault determined in a car accident in Greenville, SC?
Understanding how to determine fault, what evidence is necessary to prove it, and the implications of being found at fault can help drivers deal with the insurance and legal systems. An experienced car accident attorney can assist you in discerning the party or parties at fault in the accident that caused your injuries.
How To Determine Fault in a Car Accident
How is fault determined in a car accident? To figure out which party was at fault in a car crash, lawyers and insurers will first look for negligence. When someone acts unreasonably or dangerously and without regard for the safety of others, and their actions cause a collision, that person is negligent. For example, a driver who runs a red light and causes an accident is likely negligent. A reasonable person knows that running a red light significantly increases the chance of a crash.
Negligence isn’t always the cause of accidents. Sometimes, vehicle or part manufacturers may be at fault instead. For example, if your vehicle’s steering malfunctions, the manufacturer could be liable for your injuries under the legal theory of product liability.
Additionally, some accidents result in multiple parties being at fault. If another motorist crashed into you, they may be partially at fault. And if the airbags in your vehicle fail to deploy, resulting in worse injuries, the airbag manufacturer may also be partially at fault.
According to South Carolina law, each at-fault party is liable for their percentage of fault. If multiple parties share fault, your attorney will identify and pursue legal action against each of them.
How to Prove Fault in a Car Accident
How fault is determined in a car accident is by gathering and presenting strong evidence that supports your version of events. Some evidence you should obtain includes:
- Photographs of the Scene – Make sure to take video or pictures of the accident scene. This includes all vehicles involved and their damage, the road conditions, and any skid marks. You can also include the surrounding area, including traffic signs and other relevant details. This visual evidence can be significant in establishing fault in your case.
- Video of the Accident – If you have a dashcam that captured the accident, that footage can be vital evidence. But even if you don’t have a dashcam, nearby traffic and security cameras may have picked up the incident. Your attorney can obtain this footage.
- Eyewitness Statements – Remember to gather the names and contact details of any bystanders who witnessed the accident. Your attorney will follow up with these witnesses and collect their statements, which can corroborate your story. In some cases, these witnesses may also testify at trial.
- Expert Witness Testimony – Depending on the circumstances of your case, your attorney may hire expert witnesses. For example, a crash reconstruction specialist may create a computer model of the crash to show how it occurred and demonstrate the forces applied to your vehicle by the impact.
Linking Your Losses to the Accident
The following evidence can help establish your losses, which you will need to tie to the accident to seek compensation from the at-fault party:
- Medical Reports – Your medical reports will include detailed descriptions of your injuries and the treatments you underwent for them. These reports can serve as proof of the severity of your injuries and the necessity of the treatments you received.
- Photographs of Your Injuries – It’s important to take photographs of your injuries as soon as possible. Document its severity and improvements in the healing process. Be sure to let them know of the pain and suffering they caused.
- Financial Records – Your financial records can help establish the impact of the accident and your resulting injuries on your earning ability.
Filing a Claim for Compensation
Insurance companies play a significant role in car accident cases. Be sure to ask for the insurance information of the fault driver. In an at-fault state like South Carolina, you file your claim with the at-fault party’s insurance company. If an insurance company believes its client isn’t at fault for your injuries, it may deny your claim or attempt to pay you less than you deserve. For this reason, it’s vital that you hire an experienced personal injury attorney who can prove the insurance company’s client was at fault for the accident.
What Happens if I’m at Fault in a Car Accident?
South Carolina follows a modified comparative negligence rule that could impact your compensation recovery if you are at fault in a car accident. An injured person must not be more than 50 percent at fault for the accident that caused their injuries to get compensation. If your percentage of fault exceeds 50 percent, you won’t be able to recover any money.
If you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you would receive only 80% of your compensable losses.
It’s vital to work with an experienced car accident attorney who can assist you in minimizing your percentage of fault so you can secure the most possible compensation in your case.
Contact a Greenville Car Accident Attorney Today
Understanding how to determine the identity of the at-fault party in a South Carolina car accident claim is essential for both drivers involved in the accident. Your lawyer can gather evidence, explain the role of insurance companies, and build a case that gives you the best chance of securing the compensation you need.
Call Maxey McFarland Law at (864) 900-4231 or contact us online for a free consultation with one of our experienced Greenville car accident attorneys. During your initial consultation, we’ll evaluate your case and explain your legal options so you can make informed decisions. Our law firm has the legal knowledge and proven results to take on your case. Ask us anything related to your case.
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