Hurt in a motor vehicle crash in South Carolina? You are far from alone. The South Carolina Department of Public Safety (SCDPS) reports that, on average, nearly 100 people are hurt every day statewide in motor vehicle collisions. In South Carolina, liability for a car accident is based on fault.
To hold another driver or any other party at fault, you must prove that their negligence contributed to the accident. This raises an important question: How do you prove negligence in a car accident? Here, our Lexington car accident attorney answers the questions by providing a comprehensive guide to negligence and motor vehicle crashes in South Carolina.
South Carolina is a Fault-Based Auto Accident State
Liability is a key issue in motor vehicle accident claims in South Carolina. Why is it so important? Our state operates under a fault-based system of liability for car accidents. What does that mean for your case? It means that the driver, truck company, or other party who is responsible for causing a crash can be held legally liable for the resulting damages. Injured victims can pursue compensation by filing a claim with the at-fault driver’s insurance. Every serious collision in South Carolina should be thoroughly investigated by an experienced attorney.
What is Car Accident Negligence?
Liability is based on fault. In car accident claims, fault is generally determined based on negligence.
In other words, negligence is a key concept in a car accident injury case. A negligent driver, negligent trucking company, or another negligent party can be held legally responsible for a crash. In South Carolina, car accident negligence is broadly defined as a driver’s failure to exercise reasonable care, resulting in a crash that causes harm to others. Negligence can take many forms, including:
- Speeding
- Tailgating
- Distracted driving
- Running red lights
- Intoxicated driving
- Failure to yield
Comparative Negligence in a Car Accident in South Carolina
South Carolina follows a modified comparative negligence rule, meaning an injured party can still recover compensation as long as they are less than 51 percent at fault, but their damages will be reduced by their percentage of fault. Because of this, gathering strong evidence is essential for building a successful claim. Every serious crash should be thoroughly investigated by an attorney.
Here is an example of how comparative negligence works: Imagine you were involved in a crash at an intersection in Lexington. You suffered $50,000 in damages. However, you are deemed partially negligent for speeding. You are held 25 percent liable for your crash. Under South Carolina’s comparative negligence law, your recovery would be limited to $37,500. You would be responsible for 25 percent of your losses, or $12,500.
What is Needed to Prove Negligence in a South Carolina Auto Accident Case
As noted, negligence is broadly defined as the failure to take proper care. To successfully prove negligence in a legal claim, the plaintiff must establish four key elements: duty of care, breach of duty, causation, and damages. In most car accident cases, the key element is “breach of duty.” In effect, this requires showing that the defendant’s actions or inactions were unreasonably dangerous. Evidence forms the foundation of any successful claim. Here is an overview of some of the most common forms of evidence in motor vehicle accident claims in South Carolina:
- Admissions Against Interest: If the other party made any statement at the scene of the accident or after the crash that indicates that they were responsible, that can be compelling evidence in a South Carolina car accident injury claim.
- Photographs and Videos: Visual evidence, such as pictures of the accident scene, can support claims of negligence. Surveillance footage or dashcam recordings may also provide crucial proof. The more visual evidence, the better.
- Eyewitness Testimony: Statements from individuals who saw the accident or incident can provide firsthand accounts of what happened and who was at fault. Eyewitness testimony can do a lot to strengthen a claim.
- The Police Report: Every crash in South Carolina should be reported to the police. An official report from law enforcement can document key details about the crash. These reports are often valuable third-party evidence in legal claims.
- Expert Testimony: For more complicated crashes, experts may be brought into the case to figure out what happened. Professionals in a relevant field of study, such as accident reconstruction experts, can provide specialized analysis of the incident.
Recovering the Maximum Compensation for Injured Victims
Hurt in a car accident in Lexington, Mauldin, or elsewhere in the surrounding region in South Carolina? You must be able to recover compensation for the full extent of your damages. You need money to pay bills and support your family. Sadly, insurance companies can make things hard for injured victims. Our firm can help. You may be entitled to compensation for:
- Vehicle repairs or replacement
- Ambulance costs and emergency room care
- Hospital bills and other medical costs
- Physical therapy and rehabilitative care
- Loss of wages and diminished earnings
- Pain and suffering & mental distress
- Disability, scarring, or physical impairment
- Wrongful death of a family member
How Our South Carolina Car Crash Attorney Can Help
Every car crash should be thoroughly investigated. At Smith & Jones Law, LLC, we have case results that you can rely on. Our firm is prepared to help you prove negligence so that you are in the best position to recover full and fair financial compensation after an accident. An initial consultation with our Lexington, SC, car accident attorney is free and completely confidential.
Set Up a Free Consultation With a South Carolina Auto Accident Lawyer Today
At Smith & Jones Law, LLC, our South Carolina car crash attorneys fight aggressively for justice. If you have any questions or concerns about proving negligence in a car accident case, we can help.
Contact us right away for a free, fully confidential initial case review. From our Lexington office and our Mauldin office, we represent car accident victims all across the region.