Suddenly, there’s a collision— but what happens next? Besides handling immediate safety concerns, one of the most critical questions is: who’s at fault? Determining fault in a car wreck impacts whether you can seek compensation for your medical bills, car repairs, or other damages. At Riders Law Group, we’re here to simplify this process and help you understand what to do if you’re in an accident.
1. Collect All the Evidence You Can
Gathering evidence right at the scene can be key to proving who was responsible. This means taking clear photos of the accident scene, any vehicle damage, skid marks, and even the surrounding area. Also, get contact information from any witnesses and, if possible, ask for a police report. Evidence like this makes your case stronger by giving clear, reliable details that help establish fault.
2. Know How South Carolina Fault Laws Work
South Carolina follows a “modified comparative negligence” rule, which means you can seek compensation if you were less than 51% at fault for the accident. However, any compensation you receive will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, your compensation will be reduced by 20%. Knowing this rule can help you understand how much you might be able to recover if you’re partially at fault.
3. Don’t Admit Fault at the Scene
In the heat of the moment, it’s natural to want to apologize or explain what happened. However, statements like “I’m sorry” or “I didn’t see you” can be interpreted as admitting fault, even if you weren’t responsible. South Carolina follows a comparative negligence rule, meaning that even a partial admission could reduce your compensation or affect your ability to recover damages. Instead, stick to the facts: exchange information, gather evidence, and let the professionals determine fault.
4. Consult a Charleston Car Accident Attorney
While handling everything on your own might seem like a good idea, proving fault can get complicated quickly. An experienced Charleston car accident lawyer can help assess your case, review the evidence, and ensure you’re treated fairly under South Carolina law. A strong legal advocate can make a significant difference, especially when dealing with insurance companies who may attempt to minimize your claim.
Conflicting Accounts
It’s common for drivers to have different stories about what happened. This can complicate things, but witness statements, photos, and expert testimony can clarify the truth. An attorney can help gather and present these details to support your account.
Missing Witnesses
Sometimes, there are no clear witnesses to back up your story. When this happens, other evidence—like the police report, traffic camera footage, or accident reconstruction experts—can play a significant role. Your attorney can help find and leverage these forms of evidence to strengthen your case.
If you’ve been in a car wreck in South Carolina and need help proving fault, reach out to Riders Law Group today. Our Charleston car accident attorneys are here to guide you, protect your rights, and pursue the compensation you deserve.
If you’ve been injured due to someone else's negligence in South Carolina, it can be hard to know what to do next. At Riders Law Group we can help you get the compensation you deserve to continue providing for your family and to recover after an accident.