Imagine you're driving on I85 when another car wildly swerves into your lane and crashes into you. The other driver insists you caused the accident. How is fault determined? What do you need to prove it?

Knowing how fault is calculated in South Carolina can make all the difference in securing the compensation you need to recover. At the Law Office of Tyler Rody, we are here to let you know more about how our state views these cases, and what you can do to strengthen your side of the argument.

How Fault Is Determined in South Carolina

South Carolina follows a modified comparative negligence rule when determining fault in car accidents. This means:

• Fault Is Shared: Each party involved in an accident can be assigned a percentage of fault. For example, one driver might be deemed 80% at fault, while the other is 20% responsible.
• Threshold for Compensation: You can recover damages only if your fault is less than 50%. If you’re less than 50% at fault, you can still seek compensation, but your award will be reduced by your percentage of fault. For instance, if your damages total $10,000 and you’re found 20% at fault, you’d receive $8,000.
• Evidence Matters: To make sure the other party’s fault is clear, you need to present strong evidence.

Gather the Right Evidence for Your Case

These are some of the most common types of evidence used to prove fault in an auto accident:

• Police Reports: These often include the officer’s observations and indicate who they believe is at fault.
• Eyewitness Accounts: Neutral third-party accounts can help establish what happened.
• Accident Scene Photos: Pictures of vehicle damage, skid marks, and traffic signals can be powerful evidence.
• Dashcam or Surveillance Footage: Video recordings can provide an unbiased account of the accident.
• Cell Phone Records: These can show if a driver was distracted at the time of the crash. Acting quickly to gather this evidence is vital, as it can deteriorate or become unavailable over time.

Understanding the Role of Insurance Adjusters in Car Accidents

After a car accident, the insurance company’s investigation will play a major role in determining fault. However, keep in mind:

• Their Goal Is to Save Money: Insurance adjusters aim to minimize payouts. They may attempt to shift more blame onto you to reduce their liability.
• Statements Can Be Used Against You: Be cautious about what you say to the adjuster, as even casual comments can be misconstrued.
• Representation Levels the Field: A Spartanburg car accident lawyer can handle communications with insurance companies, ensuring your rights are protected and helping to secure a fair settlement.

What Happens If You Don’t Prove Fault?

Failing to establish fault can lead to:

• No Compensation: Without proof of fault, you may be denied financial recovery for medical bills, lost wages, and property damage.
• Extended Legal Battles: Ambiguities in fault can prolong your case, adding stress and financial strain.
• Potential Liability: If fault is misattributed to you, you could face legal and financial consequences.

Don’t Wait on Your Car Accident Case, Get What You Deserve With the Law Office of Tyler Rody

If you’ve been injured in a car accident in Spartanburg, proving fault is key to getting the compensation you need. Let the experienced team at the Law Office of Tyler Rody help you navigate South Carolina’s comparative fault rules and build a strong case.

‍Contact us today for a free consultation. Together, we’ll ensure your rights are protected and work to secure the compensation you deserve.