When a car accident occurs, one of the most critical factors in securing compensation for injuries and damages is determining who was at fault. Fault is not just a matter of pointing fingers; it requires a thorough analysis of evidence, legal standards, and, sometimes, testimony from experts. Here’s how the process typically works and what you can do to strengthen your case.
Understanding Fault in Car Accidents
Fault refers to the legal responsibility for the accident. In most cases, the driver who acted negligently is considered at fault. Negligence is a failure to exercise reasonable care, such as speeding, running a red light, or driving under the influence.
Each state has its own rules for how fault affects compensation. Some states follow comparative negligence laws, where multiple parties can share fault, and your compensation may be reduced by your percentage of fault. Under comparative negligence, a jury assigns each party percentages to which they were at fault for an accident and the percentage assigned affects their ability to recover for damages. Other states have contributory negligence laws, which may bar you from recovering damages if you are even slightly at fault.
Pursuant to South Carolina Code of Laws § 15-38-15, South Carolina recognizes a flavor of comparative negligence called modified comparative negligence. As opposed to pure comparative negligence, under this doctrine, if a party is 51% or more at fault, they are not entitled to compensation. If they are 50% or less at fault, they may still recover compensation less their percentage of fault.
Here's how pure and modified comparative negligence differ:
Suppose there was a car accident and the jury determines that the Plaintiff was 60% responsible for the accident and that damages are $100,000.
Under pure comparative negligence, the Plaintiff would still be able to recover 40% of their damages, or $40,000.
Under modified comparative negligence, the Plaintiff would be barred from recovery because their assignment of fault was greater than 50%.
Now consider the same situation, only this time the Plaintiff is determined to be 20% at fault and the jury determines damages to be $100,000
Under both pure and modified comparative negligence, the Plaintiff would be able to recover 80% of the damages, or $80,000.
Key Evidence in Proving Fault
To establish fault, you’ll need strong evidence. Here are the primary types:
1. Police Reports
The responding officer’s report often contains critical information about the accident, including who may have been at fault. While not always definitive, police reports carry significant weight.
2. Witness Testimonies
Eyewitness accounts can provide an objective perspective on what happened. Collecting contact information from witnesses at the scene is crucial.
3. Photographs and Videos
Pictures of the accident scene, vehicle damage, and any visible injuries can be compelling evidence. Traffic camera footage, if available, can also be invaluable.
4. Expert Opinions
Accident reconstruction specialists can analyze physical evidence to determine how the crash occurred. Medical experts can also testify about the extent of your injuries and their relation to the accident.
5. Driver Statements
What you and the other driver say immediately after the accident can play a significant role. Be cautious about admitting fault, even casually, as it can be used against you later.
Steps to Take After a Car Accident
Taking the right steps after an accident can help you build a strong case:
Ensure Your Safety: The most important thing is your health and safety. Check yourself and others for injuries and make sure you're in a safe location.
Call the Police: Always report the accident to law enforcement, even for minor collisions.
Seek Medical Attention: Documenting your injuries through medical records is critical.
Gather Evidence at the Scene: Take photos, exchange information with the other driver, and collect witness details.
Notify Your Insurance Company: Report the accident promptly but avoid making definitive statements about fault.
Consult a Personal Injury Lawyer: An attorney can guide you through the claims process and help you gather the evidence needed to prove fault.
How a Lawyer Can Help
Proving fault can be challenging, especially if the other party disputes your claims. An experienced personal injury lawyer will:
Investigate the accident thoroughly.
Handle communications with insurance companies.
Advocate for your rights in court, if necessary.
Work to maximize your compensation for medical bills, lost wages, pain, and suffering.
Call Today to Speak to Our Experienced Greenville Car Accident Lawyers
If you’ve been injured in a car accident, don’t navigate the complex legal process alone. At Davis & Snyder, we help accident victims secure the justice and compensation they deserve. Contact us today for a free consultation and let us fight for you!