Who’s At Fault Helps Establish Negligence
Who’s at fault in an auto accident has a bearing on how much compensation a victim can recover. After a car accident in Greenville, SC, you will need to determine who the at-fault driver is. The at-fault driver is the party whose behavior or negligence caused the accident and is the person who will be held financially responsible for the damages that were incurred by others. Negligence is defined as the failure of a person to act as they should, resulting in avoidable and foreseeable harm to the victim of this failure to behave as required for safety.
Different states address negligence in different ways, which has an impact on the amount of damages that the victim of an auto accident can receive. South Carolina follows the comparative negligence system, which means that your damages will be modified by your percentage of fault in the accident. As long as you are less than 50% at fault, you can collect damages, adjusted to account for your own percentage of negligence. For example, if your damages were valued at $10,000, but you are determined to be 20% at fault for the auto accident, then you can recover 80% of your damages ($8,000).
How to Determine Who is At Fault in an Auto Accident in Greenville, South Carolina
When involved in a car accident, it is easy to get rattled and forget the protocol that can protect your legal rights. You may have injuries or severe damage to your vehicle that was the fault of another driver. If another driver was at fault for your auto accident in Greenville, South Carolina, you have rights under the law, and a auto accident lawyer in Greenville can help you get the compensation you deserve.
How Can a Greenville Auto Accident Attorney Help Me Prove Fault in a Greenville Car Accident?
Retaining an experienced Greenville, SC, car accident attorney is imperative to prove the fault of the other driver in your car wreck. An experienced attorney can help you build a case against a negligent driver and investigate the car accident you were involved in to prove who was at fault in your crash.
There are several ways that your auto accident attorney in Greenville, SC will establish the fault of another driver. They will use all the tools available to them to identify the negligence of the driver that caused your car crash.
First, your car accident lawyer will secure a copy of the police report. This report is key to proving who was at fault in your car crash and can prove the negligence of another driver. The police report provides an accurate account of who was at fault in your Greenville auto accident and will provide an explanation of events from both you and the other driver on the day of the wreck.
The police report for your Greenville, SC, auto accident is a central piece of evidence in your car crash case and will allow your attorney to build an at-fault case against the other driver in your car crash. This report is necessary if you are involved in a car crash where injury or severe property damage occurs. The police will use the evidence of the crash as well as each driver’s testimony to determine who was at fault in the car accident in Greenville, SC.
Your Greenville, South Carolina, car accident attorney will also use testimony from witnesses to build a case against the other driver that was at fault in your car crash. Witnesses can provide crucial information as to what happened before, during, and after a car accident that can help piece together the puzzle of your car crash.
When an at-fault driver disobeys the laws of the road, you can establish that they were also negligent in your car accident. Your attorney may investigate claims that the other driver was impaired, distracted, speeding, tailgating or driving recklessly. Proving these claims can determine if the other driver was at fault in your car accident and help your Greenville, SC, car crash lawyer build a case against an at-fault driver.
What If I Am Partially At Fault for My Greenville, South Carolina, Auto Accident?
It is important that your car accident lawyer in Greenville, SC, prove the majority of fault in your car crash with the other driver. South Carolina is a comparative fault law state that takes into account the fault of both drivers.
If you were partially at fault in your car accident, the jury would reduce your settlement award by that percentage. If you are 50 percent or more at fault, no settlement will be awarded for your car accident in Greenville, SC case.
Your car accident attorney in Greenville, SC, will work to determine that another driver is primarily at fault in your car crash case to ensure the maximum settlement award for your case. If you are partially at fault for a car accident, you will assume some liability in your case and your settlement will reflect your fault in the car crash.
Should I Admit Fault for My Car Accident Without My Greenville Auto Accident Lawyer?
When a car accident happens, you may feel compelled to admit that you are at fault for the crash. No matter what the other driver says to you or how they make you feel, you need to refrain from admitting that you are an at-fault driver. There could be extenuating circumstances going on in your car accident in Greenville, SC and this could potentially change who was at fault in your car crash.
Never admit fault or apologize for a car accident. Allow the police to determine who caused the car accident in Greenville, SC, and file a police report that states the facts of the crash. Always speak to a car accident attorney after a car crash to help you determine if you have a case against the other driver. Your car accident lawyer can help you understand the law for car accidents and guide you on the best course of action for your car crash case.
Do I Need to Call the Police to Report My Car Accident in Greenville, SC?
When involved in an auto accident, you need to call the police to report it. The police will determine if they will arrive on the scene of the accident or if they will file a report over the phone. If injury, death or severe property damage has occurred, contact the police immediately after calling for emergency medical care.
Calling the police after your Greenville, South Carolina, car accident, is always a good idea as this will provide a record of the car crash. The police will file a police report, which is used in your car accident case to determine who was at fault in the car crash.
It is also a law in Greenville, South Carolina, that you report every accident that you are involved in with the proper authorities. A traffic collision report needs to be filed with the proper authorities, and you also need to show them your proof of insurance. Failure to do so could result in a fine or penalty.
Consult with a Greenville Car Accident Attorney About Your Crash
When involved in an auto accident, you need the help of a auto wreck attorney to help you prove who was at fault in the crash. Your auto accident lawyer in Greenville, SC can determine the fault of another driver and get you the settlement award you deserve for your injuries or property damage. Call Hernandez & Cabra to schedule your free consultation.