Injured motorists in South Carolina must prove fault if they hope to receive compensation for injuries suffered in an accident.
Unfortunately, many individuals are shocked to discover they are blamed for an accident, which would reduce or possibly eliminate their ability to receive compensation.
Call McCravy, Newlon, Sturkie & Clardy if you need to discuss your situation. We have won settlements for clients injured in all sorts of car accidents, and a Spartanburg car accident lawyer is available to talk about who is at fault for your wreck.
Five Steps for How to Dispute Fault in a Car Accident
Each case is different, but in most accidents, one driver fails to operate their car with sufficient care, and they cause a collision. As a result, they are at fault, which is another term for having liability.
Many people are shocked to discover that the insurance companies believe they are to blame. They want to know how to dispute car accident fault, so we recommend these five steps:
- Find your copy of the police report. This is the start of most cases. The responding officer might have made a preliminary determination of fault, but it is not binding on your case. It is only the officer’s opinion, which you can dispute. After all, the officer probably did not see the crash and likely did not have all the facts before writing the report.
- Write down your memories of the accident. Which driver hit the other? What were you doing in the lead-up to the crash? Your memories are a good starting point for investigating an accident. Remember to also write down anything the other driver said immediately after a crash, such as apologizing for speeding or cutting you off.
- Find witnesses. It is always helpful when disputing fault to have witnesses back up your version of events. Did a driver cross the median and crash into your car head-on? A witness can explain what happened.
- Collect other evidence. Ideally, you would have taken pictures of the vehicles soon after the collision. A photo might clearly show that the other driver had crossed the median or crashed into you. If you couldn’t take pictures, then try to gather other evidence. You might stop in at nearby businesses to see if they have security cameras pointed at the road. You could ask to see the footage.
- Contact an experienced car accident lawyer. A lawyer will know how to assemble the evidence and might have ideas for finding other supporting documentation. A lawyer can also open negotiations with the insurance companies to discuss fault for the accident.
These are good first steps. There is more work to do when disputing fault, but a lawyer can take the baton and handle your case from this point forward.
Can You Appeal a Fault Determination?
Yes. An insurance company might deny your claim, but there is often an appeal process. Remember to find out the deadline so your appeal will be heard.
Furthermore, you might go ahead and sue the other driver who is at fault for the collision. At a trial, the jury will decide who is at fault, not the insurance companies. The insurers only guess how a jury would view the evidence if a case ever got to that point.
We recommend working with an attorney as soon as possible. Most victims cannot effectively handle their own insurance claims.
They cannot spend the time needed to find useful evidence, and they don’t know how to negotiate with insurance companies.
At McCravy, Newlon, Sturkie & Clardy, we have won cases where our clients were initially found to be at fault. It is important not to simply accept other people’s interpretations of the evidence. We might continue the investigation and request a cell phone record that shows the other driver was on the phone in the moment before the crash.
Myths About Fault in South Carolina
Some motorists do not effectively argue their case because of certain myths they have learned:
- Myth: You are always at fault if you hit the other driver. That’s not true. You will usually be at fault, but the test is whether you were negligent. For example, another driver might have pulled directly in front of you, robbing you of time to swerve. Even though you “hit” the other car, you are not at fault.
- Myth: Fault doesn’t matter with uninsured motorist insurance. It does. You will not be successful with a UM claim if you are mostly to blame for your accident.
- Myth: Fault doesn’t matter when it comes to settling a case. The other side is unlikely to settle if they are convinced a jury would see the evidence the same way they do.
Contact a Spartanburg car accident lawyer for accurate information about these cases.
Were You Partially At Fault?
Perhaps you had some share of blame, but not 100%. This is common. Suppose the other driver was distracted by a cell phone while you were speeding. In this scenario, we cannot say your share of fault is 0%, but we also cannot say you are 100% to blame.
South Carolina’s Supreme Court created the modified contributory negligence standard in 1991.
The Court determined that accident victims can still seek compensation provided they are not more than 50% at fault. You can be 10%, 20%, or even 50% to blame and still receive something.
Injured motorists still need to dispute car accident fault even if they are accused of only being 50% or less to blame. Any share of liability will reduce your compensation. Serious injuries, which might be worth $100,000, could be worth far less.
Call Our Car Accident Attorneys in Spartanburg
Our experienced Spartanburg car accident attorneys at McCravy, Newlon, Sturkie & Clardy can immediately review the police report and other evidence to determine where you are in the claims process. It is never too soon to call after an accident. We can find more evidence and preserve it if you reach out to our firm to schedule a free consultation.