Proving Fault in South Carolina Car Accidents

Car Accident

Proving fault in a state such as South Carolina can be extremely difficult. There are a ton of technicalities that a person should know when deciding their course of action. First of all, it is vital to know that the driver responsible for the car crash is liable to pay for each and every damage caused by them, including personal injuries as well as property damages.

Regardless of the nature of the damages, a plaintiff has three years to file for damages from a clash in South Carolina. If we know our rights and have a fair understanding of the law, South Carolina car accidents can then be very easy to prove.

The occurrence of car accidents in America is very high. According to the data collected by Statista, the United States is one of the busiest countries in terms of road traffic, with nearly 280 million vehicles in operation and more than 227.5 million drivers holding valid driver’s licenses. The higher traffic levels are one of the causes when it comes to traffic accidents: There were about 12 million vehicles involved in crashes in the year 2018 within the United States.

For a person to demonstrate that the driver was at fault, they will need to prove the following:

  • Causation: This means that all damages for which you seek compensation occurred because of the carelessness of the other driver.
  • Duty: This means that the driver had a duty to maintain a certain level of care.
  • Breach: This means that the other driver was in violation of the basic standard of care.
  • Damages: This means that the breach of duty should have caused damages, whether it is a personal injury or damage of property.

It may be difficult to determine the accident’s cause if multiple drivers are at fault, therefore making it difficult to prove negligence.

How A Greenville Car Accident Attorney Explains Negligence According to the Law:

Negligence in South Carolina can be categorized into three types:

1. Negligence:

The driver failed to act which caused damages. However, a careful person would not act the same way.

2. Per Se Negligence:

When the driver hurts someone else as a result of violating certain traffic regulations.

3. Modified Comparative Negligence:

This means that you can still file a claim for compensation if you are not more than fifty percent at fault for an accident. In this scenario, damages are still awarded to you reduced by the percentage of fault assigned to you.

Common Causes of South Carolina Car Accidents:

Some of the most common causes of accidents include:

  • Traveling too fast despite the road conditions or harsh weather
  • Not paying heed to traffic signal
  • Drugged driving
  • Messaging or calling while driving
  • Tailgating
  • Driving while being distracted
  • Fatigued driving
  • Violating traffic signals
  • Exceeding speed limits

To accelerate the process and to increase the chances of a favorable legal outcome, it is essential to gather as much evidence as possible to file a personal injury lawsuit. Check to see if the nearby stores have a CCTV camera installed to get vivid digital evidence of the scene. Gather eyewitnesses if any, note the number plate of that driver and any specifications of their vehicle. Also, install a dashcam in your vehicle so that quality evidence can be collated.

After an accident, police personnel can file a police report. However, that report is not admissible in a court of law. If the police were not present at the accident scene, a Department of Motor Vehicles Form (FR-10) is required to be filed within fifteen days of the accident. A thorough investigation is needed to determine fault, damages, and the cost of injuries.

That being said, actual revelation in South Carolina car accidents can only be uncovered with the help of expert attorneys. They are experienced and have spent a lot of time working for clients going through the same situations. A professional attorney will assist in collecting admissible evidence and preparing you for the court in such a way that more likely leads to a favorable outcome.

About Brumback and Langley:

We at Brumback and Langley are a team of qualified lawyers who are known to be the best auto accident lawyers in Greenville, SC. Our team will leave no stones unturned and will provide you the best compensation for your damages. Call us now to learn more about the services that we offer. We assure you, we will do our best to ensure you receive justice. And we have a track record to prove it too.