What Factors Determine Fault in a Car Accident?
With an estimated 40,990 traffic fatalities in 2023, car accidents are a concern year-round. Unfortunately, the hustle and bustle of the holiday season typically comes with an increase in crashes, making it hazardous to be traveling this time of year. Reliable evidence is crucial to determining fault, with insurance companies routinely relying on police reports, photographs, video footage, and eyewitness statements.
At John Price Law Firm, LLC, we believe that accident victims should be apprised of their rights and potential compensation. If you have fallen victim to a motor vehicle crash, our Myrtle Beach car accident lawyers are ready to fight for adequate compensation on your behalf.
Police Report
Motor vehicle operators have a duty to follow traffic regulations to keep other motorists, motorcyclists, and pedestrians out of harm’s way. A motorist who violates the law and causes you injuries may be held liable for your losses.
If you are in a car accident in South Carolina that results in injuries, deaths, or more than $1,000 in property damage, you are required to contact the police. The officer who arrives on the scene will take down a report which will contain the following:
- Date/time/location of the accident
- The names and contact information of all parties involved
- Make/model/year of each vehicle
- Names of any injured parties
- Diagram of the accident, including identifying landmarks and intersections
- The weather and road conditions at the time of the incident
- Which party the officer believes is responsible for the crash
A traffic report will include the police officer’s assessment of who is at fault. Police reports are both a reliable and objective source of information, which is why the insurance company will request that you attach a copy of the police report to your demand package when you submit your claim.
Videos
Visual aids can help an insurance adjuster or jury understand the circumstances behind an accident. With the prevalence of dash cams, getting your hands upon video footage of the crash could help to support your case. Unfortunately, dashcam footage is not always admissible in court, especially if there are issues with the image clarity or concerns about which parties had a hold of the evidence from its collection to trial (known as a “chain of custody”).
Be aware that video footage will capture the incident in real-time, which may reveal that you share responsibility for the crash. Unde rSC Code §15-38-15, you are permitted to recovery if your degree of fault is less than 50%. However, your damages will be reduced by the percentage of your fault. If you are more at fault than the defendant, under South Carolina law, you will be barred from recovery.
Oftentimes, the insurance company will attempt to place more blame on you then warranted. When you work with our Myrtle Beach car accident attorneys, we will conduct our own investigation to provide clear evidence, pinpointing where liability lies.
Photos
Even if no video footage is available, taking photographs of shredded tires, broken taillights, and the final resting position of both vehicles can provide clues on the progression of the accident. Even taking pictures of skid marks can signify when a driver hit their brakes. An accident reconstructionist may be able to determine the speed of any vehicle upon impact by examining the length of the skid marks and the amount of resistance the road exerted in slowing down the vehicle (drag factor).
Eyewitness Accounts
An eyewitness can provide an impartial perspective by providing details that fill in any gaps. An eyewitness can describe what they saw, heard, or felt, and even the mood of the scene before and after the crash. Witness testimony can be powerful in persuading an insurance investigator or jury to make a decision. A Myrtle Beach car accident attorney can assist in identifying potential witnesses and contacting them to get a statement.
Involved in a Crash? Contact Our Myrtle Beach Car Accident Lawyers
Car accidents leave victims with devastating injuries, many times requiring multiple surgeries and rehab to return to the status quo. If you sustained injuries or other losses from a crash, our Myrtle Beach car accident lawyers want to hear from you. To arrange your free consultation, contact us online or give us a call today.