Being involved in a car accident can leave you with injuries, vehicle damage, and plenty of questions about what to do next. If you plan to seek compensation for your losses, one of the most critical factors in your claim will be proving fault in a car accident. In South Carolina, determining liability involves gathering strong evidence and understanding how the state’s comparative negligence laws affect your case.
How Is Fault Determined in a Car Accident?
The state’s modified comparative negligence rule limits the at-fault party’s exposure for paying for the injured party’s losses in proportion to that injured one’s share of fault for causing the accident. In South Carolina car accident lawsuits, if you’re 51% or more at fault, you can’t recover any compensation. However, if you’re less than 51% at fault, your compensation is reduced by your percentage of fault.
Since South Carolina follows a fault-based system, the driver responsible for the accident is also responsible for covering the injured person’s losses. Insurance companies, police, and the courts review evidence to determine fault, which typically includes:
- Going through police reports and fault assessments from the accident
- Breaking down traffic laws and who’s legally responsible
- Looking at witness statements to get a clearer picture of what happened
- Checking traffic camera footage for evidence of what led to the crash
Paying attention to the right details and backing them up with solid evidence gives you the best shot at getting the compensation you deserve.
The Role of South Carolina’s Traffic Laws
Traffic laws play a significant role in fault determination. If a driver violates a traffic law—speeding, running a red light, or failing to yield—the violation can be strong evidence of negligence. An attorney can review the details of your case, determine whether a traffic violation contributed to the accident, and help you understand your legal options.
Key Evidence Needed to Prove Fault
To strengthen your claim, you need compelling evidence for car accident claims. The following types of proof can help establish liability:
Police Reports and Car Accident Fault
A police report is one of the most important pieces of evidence when figuring out who’s at fault in a car accident. Officers document the scene, note any damage, take witness statements, and might issue citations for traffic violations. Their report can include key details that make a big difference in proving what happened.
Witness Statements in Car Accidents
Third-party witnesses can give an outside perspective on what happened. Their statements can back up your story, especially if the other driver tries to deny fault.
Traffic Camera Footage and Car Accidents
If the accident happened near an intersection or a business with security cameras, the footage could prove what happened and who was to blame.
Photographic and Video Evidence
Pictures of the accident scene, vehicle damage, skid marks, road conditions, and traffic signs can serve as crucial proof when proving negligence in a car accident. Video recordings from dashcams can also be valuable.
Medical Records
Medical documentation linking your injuries to the accident can support your claim. It can also prove the severity of your injuries, which impacts your compensation.
Expert Testimony
Accident reconstruction specialists and medical professionals can provide expert opinions on how the crash occurred and the extent of your injuries.
How Insurance Companies Determine Fault
Insurance companies do their own investigations when handling claims, looking at police reports, witness statements, and other evidence to decide who’s at fault. But let’s be honest—they’re also looking for ways to pay out as little as possible, which can mean shifting blame. If you disagree with their findings, having a car accident lawyer in your corner can help you push back and build a stronger case.
The Role of Adjusters in Fault Assessment
Insurance adjusters consider several factors when deciding fault, including:
- Statements from everyone involved
- Medical reports and expenses
- Property damage assessments
- South Carolina traffic laws
Having a lawyer look over their findings can help make sure they’re not unfairly pinning the blame on you.
Fault in Specific Types of Car Accidents:
There are some identifiable trends in car accidents:
Rear-End Accident Fault Rules
In most rear-end collisions, the driver in the back is found at fault. However, exceptions exist, such as when the front driver makes a sudden, unnecessary stop or reverses unexpectedly.
T-Bone Accident Liability
T-bone crashes usually happen at intersections when a driver runs a red light or doesn’t yield the right of way. Proving negligence in these cases often comes down to traffic camera footage and witness statements.
Hit-and-Run Accident Fault Determination
If the at-fault driver takes off, proving fault gets trickier. However, security footage, witness statements, and a police investigation can help track them down and hold them accountable.
Multi-Vehicle Accidents and Fault Distribution
When more than two vehicles are involved in an accident, the fault may be distributed among multiple drivers. Comparative negligence laws will apply, and each driver’s percentage of fault will be determined based on evidence and expert analysis.
Proving Negligence in a Car Accident
To hold another driver accountable, you must demonstrate that the party that harmed you was negligent. This requires proving:
- Duty of Care – The driver was legally obligated to operate the vehicle safely.
- Breach of Duty – The driver acted recklessly or carelessly (e.g., speeding, running a red light, driving under the influence).
- Causation – The driver’s actions directly caused the accident.
- Damages – You suffered injuries or losses as a result of the crash.
Establishing these elements with strong evidence can strengthen your claim and improve your chances of recovering compensation.
Common Types of Driver Negligence
Negligence can take many forms, including:
- Distracted driving (texting, talking on the phone, adjusting GPS)
- Drunk or impaired driving
- Reckless driving (aggressive lane changes, excessive speeding)
- Failure to obey traffic signals
- Drowsy driving
Identifying and proving these negligent behaviors is essential to holding the at-fault driver accountable and seeking compensation for your losses.
Get Legal Help for Your Car Accident Claim
If you need help proving fault in a car accident, a skilled attorney can gather evidence, negotiate with insurers, and fight for fair compensation. Insurance companies often shift blame to minimize payouts, but an experienced lawyer knows how to push back. Murphy Crantford Meehan has handled countless car accident claims in South Carolina and is ready to protect your rights. Don’t let insurers control the outcome—contact us today for a free consultation by visiting us online or calling (843) 832-1120.
