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How To Prove You Are Not At Fault in A Car Accident In South Carolina

How To Prove You Are Not At Fault in A Car Accident In South Carolina
Axelrod & Associates, P.A.
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Everyone involved in a car crash can have a traumatic and stressful experience. However, identifying who was at fault is one of the most important things to do after an accident. If you are not at fault, you must prove it right away to escape fines, higher insurance rates, and legal problems. In order to do this, you must know how to prove you are not at fault in a car accident in South Carolina.

Fault in South Carolina

If you were at fault in a car crash in South Carolina, it means you caused the accident. This could happen for many reasons, like going too fast, running a stop sign, or not yielding. If you cause a car accident, you might have to pay for the injuries, damages, and fines of the other party. To avoid these problems, it is important to show that you are not at fault.

The comparative negligence rule is used in South Carolina to decide who is at fault in a car accident. Based on this rule, fault is assigned on a percentage scale, and each person is responsible for the damage they caused based on how much fault they had. This means that if you are 30% to blame for an accident and the losses are $10,000, you would have to pay $3,000 in compensation.

Steps to Take if You Were Not at Fault

Being hurt in a car accident can be upsetting, and it can be even worse if another driver causes the accident. What you do after a car accident, on the other hand, could be very important to your case. To help show that the other car was at fault, consider doing the following:

  • Contact the police. If you’re in a car accident, you should call the police right away. The police who come to the scene will write up a report of what happened. In the crash report, the most important details of the accident will be written down, such as when and where it happened and who was driving. This can help with figuring out who was at fault for the accident.
  • Take pictures. Take photos of your car’s damage. You should also take pictures of the other car, any skid marks on the road, or anything else that could help you figure out what happened. You can ask a passenger in your car or a passerby for help if you are too hurt to do it yourself.
  • Don’t admit fault. If you’re not careful, a car accident can turn into a serious legal problem very quickly. That’s why what you discuss and who you talk to about the crash are very important. Restrict communication about the accident to just your lawyer. Anything you say to the other driver, law enforcement, or your insurance company can be used against you in the future.
  • Share your contact information. To make a claim after the accident, you will need to know how to reach the other driver.
  • Talk to the witnesses. Chat with anyone who saw the crash if you can before they leave the scene. Ask for their contact information too. The words of witnesses can help prove how the accident took place. Using this as proof in court could be very helpful.
  • Make sure you keep track of your medical bills and receipts. In order to show how the car accident hurt you, keep track of your medical records and receipts. Your medical reports will also be used to figure out how much your care costs when you go to court to get relief.
  • Hire a lawyer. After a car accident, it is helpful to work with a lawyer. A lawyer can take care of all aspects of your case. They can look into the proof that already exists and find more to demonstrate that you were not at fault and that you suffered losses.

Do You Need a Lawyer to Prove You Weren’t at Fault?

In South Carolina, the law does not require you to hire a lawyer to show that you were not at fault in a car accident, but it can help significantly. A lawyer can help you get through the court system and make sure that the insurance company or other people involved in the accident don’t take advantage of you. They can also help you find proof that you are not at fault and build an effective case.

FAQs

How Do You Prove a Car Accident Is Not Your Fault?

Here are some things you should do after a car accident to show that you were not at fault:

  • Get medical help
  • Report the accident to your insurance company
  • Talk to an attorney
  • Look over traffic rules and violations

Professionals in accident reconstruction can also help your case by providing you with thorough analyses.

How Is Fault Determined in South Carolina?

In South Carolina, evidence gathered from the site, witness accounts, traffic infractions, and police reports are used to establish fault. The state uses a modified comparative negligence rule. This means that if you are less than 50% at fault, you can still recover compensation, but the amount you obtain is lowered by the amount of fault you share.

How Can You Prove Someone Is Lying About a Car Accident?

To prove that someone is lying about a car accident, you should get pictures and videos of the accident, statements from witnesses, police reports, and advice from professionals in accident reconstruction. You can also get help from surveillance video and an attorney. Find contradictions in what the other side says to make them seem less trustworthy.

Is South Carolina a No-Fault Accident State?

South Carolina is not a “no-fault” accident state. It is based on fault, which means that the person who caused the damage has to pay for it. The person who was hurt can make a claim with the insurance company of the driver who caused the accident to seek compensation for their injuries.

Contact Axelrod & Associates, P.A., Today

If you or someone you know was involved in a car accident and is being accused of fault, an attorney at Axelrod & Associates, P.A. can help. Contact us today to begin speaking with a team member.

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