Understanding Fault in an SC Car Accident

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One of the most important parts of a car accident claim is establishing fault. If you are found solely responsible for your accident, then you won’t be entitled to any settlement. In fact, in South Carolina we have comparative negligence. You could be found to have a percentage of responsibility in your accident. If you are found to be 30% responsible, then you are only eligible to receive 30% of your settlement. However, if you have found to have over 51% fault in your accident, you won’t receive compensation at all. You need an experienced car accident attorney that can assist you with your claim and ensure that you receive your settlement. 

David Aylor is a Charleston car accident lawyer that understands the complexities of these claims. Not every car accident has a clear party that is at fault, which is why you need an attorney. We will investigate your accident, gather evidence, and build you the strongest claim possible. Having an accident is stressful and you have bills that need to be paid. If you have been injured in a car accident because of the negligence of another party, you could be eligible for compensation. Contact us today to discuss the details of your case. 


How do you determine fault in a car accident?

There are some car accidents where it is easy to determine fault. For example, if you are rear-ended by another vehicle, it is usually the fault of the vehicle at the rear. The only way the first car would be responsible is if they didn’t have working brake lights. Unfortunately, not every case is so cut and dry. We gather evidence from your accident to determine which party was at fault. Even if you are found to be slightly responsible for your accident, we can still get you compensation. It is our job to minimize the amount of fault that you have in your accident, to ensure that you get the settlement you deserve. 


Do police determine fault?

The purpose of the police on the scene of the accident is to determine if any laws were broken. If they can determine fault, they might cite a driver with a ticket. However, in most cases, police can’t determine who was at fault. So, the police report will only state facts that they collect while they are at the scene.


Do I need to report my accident to the DMV?

Yes. You have 15 days from the date of your accident to report it to the DMV. There is a form that you need to fill out (FR-10), that your insurance company will fill out as well. This shows that you had the property liability insurance at the time of the accident. 


What are the common causes of car accidents in South Carolina?

Before you try to assign fault in your own accident, it’s nice to know the common causes of car accidents in SC. Drivers on their cell phones cause a lot of accidents in our state. Especially if these drivers are texting and not paying attention to the road. Other reasons that car accidents occur are:

  • Intoxicated drivers
  • Distracted drivers
  • Road hazards
  • Speeding
  • Fatigued driving 
  • Failure to yield

Most of these accidents occur because drivers are not following the rules of the road. If everyone would commit to focusing while driving, they would reduce the number of accidents in South Carolina. 


Call an experienced Charleston car accident lawyer today

If you have been in a car accident because of the carelessness of another, you could be entitled to compensation. Contact our offices today to schedule your free consultation, so we can discuss your accident.

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