Who pays – and how much they pay – in a South Carolina car accident case comes down to who was at fault. “Fault” usually means “negligence,” rather than having to show they caused your crash on purpose. Proving negligence will be an essential part of your case, so you should understand what is needed to prove negligence.
Negligence has four elements: a legal duty, a breach of that duty, causation, and damages. This duty is often based on traffic laws or what is reasonable behind the wheel. When the other driver violates the law or breaches that duty, you need evidence of what they did and how they did it to show they were negligent. You also need proof of damages.
For help with your car accident case, call our South Carolina car accident lawyers at Rice Law at (803) 219-4906.
Elements of a Negligence Claim for a South Carolina Car Accident
When you sue someone, you usually make a claim that they committed a “tort.” This is like the civil version of a crime and can be something like breach of contract or an intentional tort like battery. However, with car crashes, you usually claim they committed negligence.
To prove someone committed negligence, you have to prove four elements we call duty, breach, causation, and damages. If you can show that their breach of a legal duty they owed you was the cause of your crash, you can get compensation for any damages you can prove were caused by this accident.
As an example, let’s look at a tailgating crash. Drivers have a duty not to tailgate, as it is illegal under South Carolina law. If they do so, and they rear-end you because they could not stop in time, they would be responsible for your whiplash, back injuries, lost wages while you recover, vehicle repairs, and pain and suffering, as well as any other relevant damages.
Where Does the Duty Come From?
Most cases involve a duty that comes from a specific traffic statute, but some are based instead on what the driver reasonably should have done in the situation at hand. The rules of the road affect all drivers, so you do not need to really prove that the duty applied to this specific driver unless there are arguments about whether certain situations were met or certain road signs could not be followed because they were not visible.
Some cases involving commercial drivers involve additional rules from state and federal regulations about trucking and bus transportation. Our Socastee, SC car accident lawyers can also use violations of these rules as proof of negligence in your case.
Proving Fault
Proving the driver was negligent is usually synonymous with showing the accident was their fault. After all, this fault includes consideration of their breach of duty and the fact that what they did actually caused your accident.
First, fault can be divided among multiple drivers. Any driver who contributed to the accident can be held responsible for their fair share of the damages, based on their percentage of fault. This means that many crashes do not need just one at-fault driver; the insurance companies or jury can assign each driver a share of the blame.
You prove fault through your evidence and testimony. In an insurance claim, this will be analyzed by the insurance adjuster, and they will potentially offer you a settlement if they think they would lose the case in court. In court, you actually need to meet your burden of proof and show the jury it is more likely than not that the other driver was at fault.
When courts assign you partial blame, you lose out on that share of damages. However, your ability to sue is not cut off unless you are more than 50% at fault.
What Evidence is Needed to Prove Negligence?
You can use a wide range of evidence in your case. Essentially, anything that is relevant and does not unfairly prejudice the jury against the other party should be admissible unless it is hearsay or fails to meet scientific evidence scrutiny. This evidence often comes in these three forms:
Your Testimony
Most testimony comes from you, as you were the one involved from beginning to end in the case. You can say what you saw and heard, what the other driver did, and what happened to you before, during, and after the accident.
Other Eyewitness Testimony
You can also get other eyewitnesses to testify about what they saw and heard, etc. If they are not related to you in any way and have no reason to give biased testimony, this will help prove your case and corroborate your story.
Expert Testimony
Other testimony can come from subject matter experts, such as financial experts, medical experts, accident reconstruction experts, etc. Usually, witnesses cannot give their opinion on what happened, but experts can when their expertise is involved. They can also write reports and give testimony based on outside knowledge rather than what they saw and heard, such as discussing how a certain injury’s healing process works or how cars “trade paint” during a crash.
Photos
If you have photos of the accident scene, we can show the jury the vehicle damage, injuries, and positioning of the cars. This might be enough for them to see things like the cars’ positions in the intersection and learn exactly how the crash happened.
Video
If you have video of the crash, that is even better. Many drivers have dash cams today, and nearby security cameras or traffic cameras might have caught the crash. Even someone filming a video at the right time could mean your crash is on video, and we can show that video to the jury even if you were not the one who recorded it.
Documentation
A lot of the rest of the evidence in your case will be documentation. We usually cannot use police reports as evidence of fault, but we can use things like medical records, bills, pay stubs, and more to prove your case.
Some evidence will go toward proving fault, such as damage assessment reports showing what damage your vehicle faced, where it was located, etc. Most others will go toward showing what damages you faced, such as your financial records, medical bills, and vehicle repair appraisals.
Some will simply help corroborate your story and help convince the jury you are telling the truth.
Call Our Car Accident Lawyers in South Carolina Today
For a free case evaluation, call Rice Law’s St. Andrews, SC car accident lawyers at (803) 219-4906.