How To Prove You’re Not at Fault for a South Carolina Car Accident

Learn what elements are needed to prove negligence and the types of evidence that can support your claim

Even though a car accident often doesn’t necessarily involve intentional harm or wrongdoing, someone will still be held at fault for causing an accident, and you don’t want that person to be you.

Whenever one person acts carelessly and causes an accident that leads to someone else’s injury or property damage, the responsible party can be held liable through the legal premise of “negligence.” If you’ve been in a car accident and the other driver acted carelessly, such as by texting while driving, you may be able to recover damages for your injuries.

What is negligence?

Negligence can either be an affirmative act (running a red light, speeding, driving aggressively, etc.), or it can be a passive act (failing to stop for a pedestrian, failing to put on one’s headlights at night, failing to clear snow off one’s car properly, etc.).

When a driver is not reasonably careful and causes injury or wrongful death, the injured party (or estate or decedent) can seek damages for past and future medical expenses, lost wages, pain and suffering, property damage, loss of consortium, and loss of companionship.

How do you prove negligence in a car accident?

There are 4 “elements” to a negligence lawsuit. This means that there are 4 separate aspects that a plaintiff must establish in court to prove that the defendant was negligent. 

The plaintiff must show that:

• The defendant had a duty to be reasonably careful,
• The defendant breached that duty,
• The breach of duty caused the plaintiff harm, and 
• The plaintiff suffered injury or property damage.

We’ll explain each of these elements in more detail below.

Duty

Drivers have an obligation to be careful when encountering anyone on the road, including other drivers and pedestrians. Some specific examples of duties that all drivers have are:

• Driving at a reasonable rate of speed for the weather conditions. Even if a driver is going the speed limit, they could still be considered negligent if it is icy, dark, foggy, or where one could expect that children are playing in the area.
• Staying alert. Drivers are expected to be vigilant for items on the road, other vehicles, pedestrians, and road hazards.
• Maintaining one’s vehicle. Drivers have a duty to ensure that their tires are not worn out, that their lights are working properly, and that their brakes are tuned up. In other words, drivers have an affirmative obligation to ensure that their vehicle is in proper working order.
• Maintaining control of one’s vehicle. Drivers must keep their cars under control. If a person’s car flips over or skips the median, negligence could potentially be inferred because it indicates that they were not maintaining control (such as if they fell asleep or were distracted while driving).

Breach

When a person is not careful, they “breached” the duty of care. In determining what sort of conduct is negligent, the law asks whether the person acted like a reasonable person would have behaved in the same, or similar, circumstances.

For example, if a person was driving the speed limit of 65 miles per hour, but it was sleeting, dark, and they had worn-out tires, then got into an accident, one would not say that they breached their duty of care because they were not acting as a reasonably prudent person would in those same circumstances.

Causation

A plaintiff must prove that the defendant’s conduct caused their injuries. If a person skidded off the road to avoid a deer and crashed with another car (and that other car driver just happened to be drunk), the drunk driver could not be held liable because their intoxication did not cause the injured driver’s injuries—the deer did.

Damages

If a person is involved in a wreck with a negligent driver, but their car sustained no damages, they were not injured, and they did not lose any time at work, they will not be able to recover damages—because they did not sustain any.

What should I do if I’m blamed for a car accident that wasn’t my fault?

When it comes to liability in a car accident, the best defense is a good offense. If a South Carolina car accident lawyer can prove that you’re not at fault, then someone else can be held liable, and you increase your chances of recovering compensation. Therefore, the most effective strategy to prove that you’re not to blame for a collision is to show why someone else is.

What evidence is needed to prove fault after a SC car accident?

To demonstrate liability for a car accident, you need physical evidence. The best time to collect evidence is right after the crash, so if you want an accident lawyer to assist or guide you through the process, it is a good idea to contact an attorney as soon as possible.

• Take photos. An accident reconstruction expert may be able to determine a great deal from details that seem insignificant to others. That means you should take pictures of the accident scene from every possible angle and be sure to include obstacles that could obstruct views, skid marks, debris, road signs, and damage to the vehicles involved.
• Talk to witnesses. As soon as possible after an accident, collect contact information from anyone who saw or heard the collision. Witnesses who are not affiliated with either you or anyone involved in causing the crash can be especially helpful because they are impartial, so their words carry a lot of weight.
• Get the police accident report. Make sure the police are called to the scene of the accident and obtain a copy of the accident report. The statements and opinions in the report can serve as valuable evidence to insurance companies and provide you with information you can develop if your case goes to court.
• Check phone records. If there’s a possibility another driver was distracted by phone use, try to obtain phone records to see if they show activity at the time of the accident.
• Obtain traffic camera footage. We live in a world covered in cameras these days. If a public or private camera caught some of the action, try to get a copy of the footage before it is erased or recorded over.

In addition, it’s a good idea to get a thorough medical exam as soon as possible after the accident. Evidence about the type and severity of your injuries could help demonstrate how the accident occurred. Moreover, medical records could be helpful in establishing damages as well as causation.

Work with an experienced Columbia car accident lawyer

Were you in a car crash but not at fault? If you don’t act quickly to collect evidence right after an accident, it may not be available later. This is one reason why it can be helpful to work with a South Carolina car accident lawyer right from the start.

The experienced legal advisors at Chappell, Chappell & Newman can help you preserve evidence to build a strong case to prove you’re not at fault for a car accident and help you recover compensation from the person who is responsible.

Want to learn more?

Contact us today to schedule a free consultation.