Car accidents can turn lives upside down in an instant. If you’ve been injured in a Greenville car crash, proving fault is crucial to securing compensation for your medical bills, lost wages, and other damages. But how do you establish fault in a way that holds up against insurance companies and in court if necessary?
This guide will walk you through the key steps to proving fault in a Greenville car accident case, the evidence you’ll need, and how legal professionals can help strengthen your claim.
Understanding South Carolina’s Fault System
South Carolina follows an at-fault system for car accidents. This means that the driver responsible for the accident is also responsible for covering damages through their insurance policy. However, South Carolina also operates under modified comparative negligence laws, meaning if you’re found partially at fault, your compensation may be reduced by your percentage of fault. If you’re more than 50% at fault, you won’t be able to recover damages.
For example, if you were awarded $50,000 in damages but were found 20% at fault, your compensation would be reduced to $40,000. That’s why proving fault correctly is critical.
Steps to Prove Fault in a Greenville Car Accident Case
1. Gather Strong Evidence at the Scene
The moments immediately following a crash are crucial for gathering evidence. Here’s what you should do if you’re physically able:
- Take Photos and Videos: Capture vehicle damage, skid marks, road conditions, traffic signals, and visible injuries.
- Collect Witness Statements: Get names, contact information, and statements from bystanders who saw the accident.
- Call the Police: A police report is one of the most important pieces of evidence in proving fault.
- Exchange Information: Obtain the other driver’s license, insurance details, and vehicle registration.
- Note Weather and Road Conditions: Was it raining? Was there construction? These details can impact fault determinations.
2. Obtain the Police Report
A Greenville police report or a South Carolina Highway Patrol report can provide an official account of the accident. Officers may assign fault based on their observations, witness statements, and physical evidence. You can request a copy of the report from the police department or through the South Carolina Department of Motor Vehicles (SCDMV).
3. Use Traffic Laws to Support Your Case
South Carolina traffic laws play a big role in proving fault. If the other driver violated a traffic law—such as running a red light, speeding, or failing to yield—it strengthens your case.
For example:
- If a driver rear-ends you at a stoplight, they are almost always at fault due to following too closely laws.
- If a driver ran a red light and hit you, traffic camera footage, witness statements, or skid marks can prove it.
- If a driver was texting and driving, phone records may provide evidence of distracted driving.
4. Secure Expert Testimony
Sometimes, proving fault requires professionals who can analyze the accident in detail. Experts who may help include:
- Accident Reconstruction Specialists: They recreate the crash to show how it happened.
- Medical Experts: They can confirm how injuries align with the type of collision.
- Forensic Analysts: They examine vehicle damage and road conditions for additional insights.
5. Handle Insurance Companies Carefully
Insurance companies are not on your side. They often try to minimize payouts or shift blame. Here’s how to protect yourself:
- Avoid admitting fault. Even saying “I’m sorry” can be used against you.
- Do not give recorded statements without legal advice. Insurers may twist your words.
- Document all communication. Keep emails, letters, and claim information organized.
- Let an attorney negotiate for you. They know the tactics insurers use and how to counter them.
6. Consider Surveillance and Dashcam Footage
If you or a nearby business had a dashcam or security camera, the footage could be critical in proving fault. Video evidence removes ambiguity and can directly show who caused the accident.
7. Prove Damages and Injuries
Fault isn’t just about proving who caused the crash—it’s also about proving the impact on your life. You’ll need:
- Medical Records: These show the extent of your injuries.
- Bills and Expenses: Proof of medical costs, vehicle repairs, and lost wages.
- Pain and Suffering Documentation: Journals, therapist notes, or family statements about how the accident affected your daily life.
What If Fault Is Disputed?
If the at-fault driver denies responsibility or their insurance disputes your claim, you may need additional legal action. This is where working with a Greenville personal injury lawyer becomes invaluable. A lawyer can:
- Gather additional evidence to strengthen your claim.
- File a lawsuit if necessary.
- Handle aggressive insurance adjusters.
- Ensure you get the maximum compensation possible.
Why Legal Help Matters
Proving fault in a car accident isn’t always straightforward. Insurance companies have legal teams working to minimize their payouts—so why shouldn’t you have a strong advocate on your side?
An experienced Greenville car accident attorney understands South Carolina’s traffic laws, has access to expert witnesses, and knows how to build a compelling case. They can help ensure you receive full and fair compensation for your injuries, medical bills, lost wages, and pain and suffering.
Final Thoughts
If you’ve been injured in a car accident in Greenville, proving fault is one of the most important steps in getting the compensation you deserve. From gathering evidence and securing expert testimony to dealing with insurance companies and legal complexities, every detail matters.
Don’t navigate this process alone. If you’re facing challenges proving fault in your accident case, consulting with a Greenville personal injury lawyer can make all the difference.
