Car accidents can be a traumatic and stressful experience for everyone involved. One of the most important things to establish after an accident is who is at fault. If you are not at fault, it is imperative to prove it to avoid penalties, including higher insurance rates and legal liabilities.
Our South Carolina car accident attorneys at Miller, Dawson, Sigal & Ward will guide you through the steps you can take to prove that you are not at fault in a car accident in South Carolina. The Thumbs Up Guys are ready to answer any question you have about your car accident.
What Does Being “At Fault” Mean in a Car Accident in South Carolina?
Being at fault in a car accident in South Carolina means you were responsible for causing the accident. This can be due to a variety of reasons, such as speeding, running a red light, or failing to yield.
If you are at fault in a car accident, you may be liable for damages, injuries, and legal penalties. Therefore, proving that you are not at fault is important to avoid these consequences.
To determine who is at fault in a car accident in South Carolina, the state follows the comparative negligence rule. This rule means that fault is assigned on a percentage basis, and each party is responsible for the damages they caused based on their percentage of fault.
For example, if you are found to be 20% at fault for an accident, and the damages amount to $10,000, you would be responsible for paying $2,000.
What Evidence Can Help Prove You Are Not At Fault in a Car Accident in South Carolina?
There are several types of evidence that can help establish that you are not at fault in a car accident in South Carolina. The Thumbs Up Guys at Miller, Dawson, Sigal & Ward can help you gather the following evidence:
If the police arrived at the accident scene, they would have created a report outlining what happened. This report can be used as evidence to support your claim that you are not at fault.
The police report typically includes details such as the date and time of the accident, the location, the weather conditions, and any witness statements.
If there were any witnesses to the accident, their statements could be valuable evidence. Be sure to get their contact information so that you can follow up with them later.
Witness statements can provide additional details about what happened leading up to the accident and can corroborate your version of events.
If the accident was captured on a dashboard camera or surveillance camera, this could be strong evidence to support your case. Video footage can provide a clear picture of what happened and help establish fault.
Photos of the Car Accident Scene
Take photos of the accident scene, including vehicle damage, skid marks, and road conditions. These photos can help establish what happened leading up to the accident. They can also be used to show the extent of the damages and injuries you sustained.
If you were injured in the accident, your medical records could provide evidence of the extent of your injuries. This can be used to support your claim for damages and can help establish fault.
How Can You Use Insurance to Prove You Are Not At Fault in South Carolina?
Your insurance company can be a valuable resource when trying to prove that you are not at fault in a car accident in South Carolina. Your insurance company will conduct its own investigation into the accident, which can provide additional evidence to support your claim. Additionally, if the other driver is found to be at fault, your insurance company can pursue a claim against their insurance company to recover damages.
To use your insurance to prove you are not at fault, you should report the accident to your insurance company as soon as possible. Provide them with any evidence you have gathered, such as police reports, witness statements, and photos.
Your insurance company will then conduct its own investigation and may hire an adjuster to assess the damages. They will also communicate with the other driver’s insurance company to determine who is at fault and to negotiate a settlement.
Do You Need an Attorney to Prove You Are Not At Fault in a South Carolina Car Accident?
While it is not required to hire an attorney to prove you are not at fault in a car accident in South Carolina, it can be beneficial to do so. A South Carolina personal injury attorney can help you through the legal system to ensure you are not taken advantage of by insurance companies or other parties involved in the accident. They can also help you gather evidence and build a strong case to prove you are not at fault.
If you hire an attorney, choose one with experience in car accident cases in South Carolina. They should be familiar with the state’s laws and regulations surrounding car accidents and be able to provide you with the guidance and support you need to prove you were not to blame.
Contact Us to Learn More About Proving You Are Not At Fault in An Accident
Proving you are not at fault in a car accident in South Carolina can be a complex and time-consuming process. At Miller, Dawson, Sigal & Ward, The Thumbs Up Guys can help protect your rights following your South Carolina accident.
Remember to remain calm and stick to the facts when dealing with the other driver and their insurance company. With patience and persistence, you can prove you are not at fault and move on from the accident. We can give you a free case evaluation and answer your questions.