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How To Prove Fault After A Car Accident in South Carolina

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Car accidents can be a nightmare to deal with. Covering the repair costs for your vehicle and potentially medical costs for your injuries can be difficult, so it’s important to make sure you get the compensation you’re owed whether it’s from an insurance company or the responsible party.

In order to get proper compensation, you have to demonstrate liability. Proving fault in a car accident is no easy task especially if you don’t know where to start. However, your lawsuit won’t get very far if you’re unable to prove fault as it’s required in all scenarios. Learn more about proving fault in an accident and get an idea of whether or not you have a case.

What Determines Liability?

The primary factor determining liability is carelessness. Above all else, the person who is deemed to be the most careless when driving will assume liability for the accident and will have to cover the damages. It’s not always so simple, but that’s a good rule of thumb.

Carelessness can come in many different forms. In most cases, it usually involves reckless or distracted driving. However, liability can also be given to a driver who was in the wrong place since the other party involved wouldn’t expect to have to watch out for the other person. If someone is involved in an accident while on a work call, that person’s employer may ultimately be held responsible.

Accidents With More Than Two People

If you’re involved in an accident with more than one other person, there are actually some benefits assuming you weren’t the one acting carelessly. If other people are found liable, you can collect damages from any of them. This comes in handy if one of them doesn’t have insurance. You can simply collect from the next one who does.

Keep in mind, though, that you can only collect damages from one person since you have to go through a single insurance company in all instances. Just to be safe, make sure you collect contact and insurance information from everyone involved and let all relevant parties know that you might be pursuing a claim against them.

Comparative Negligence

Not all accidents are as simple as having a victim and a culprit. In many cases, everyone involved was careless in one way or another. Proving fault in an accident like that requires an analysis of carelessness on both sides to determine comparative negligence.

If you were being careless yourself in some way, then you are responsible for a portion of the accident. This is usually represented in a percentage. For example, if you’re found to be liable for 15% of the accident, the other party can only be compelled to pay you 85% of the damages while you’d have to cover the rest some other way.

South Carolina Personal Injury Lawyer

Proving fault in an accident can be tough especially when there are multiple people involved and carelessness on multiple sides. That’s why you need the help of a car accident lawyer from Harris and Graves. We’ve been helping people around South Carolina for years now and would love to help you as well.

We are firmly dedicated to making your case and getting you as much compensation as possible. With our track record of successes, we’re confident enough to not charge you a dime until we win your case. Contact us today to get started with a free consultation!