If you’ve just been in a car wreck in South Carolina, you’re probably wondering one thing above all—who’s at fault? It’s a fair question, and an important one, too. Who is found to be at fault can decide who pays for the damage, the medical bills, and everything in between.
Understanding Fault in South Carolina
South Carolina is a fault state. That means the person who caused the accident is usually the one held responsible for paying for it. But figuring that out isn’t always as simple as it sounds. Sometimes it’s clear. Other times, it takes a closer look.
Police reports, witness statements, photos from the scene, and even traffic camera footage can all play a part. But more than anything, it comes down to evidence. What happened, where it happened, and how it happened are all used to figure out who was driving safely—and who wasn’t.
What the Law Says About Shared Fault
Not every accident has one person who is 100% at fault. Sometimes, both drivers did something wrong. In South Carolina, we use something called modified comparative negligence. That’s a fancy way of saying you can still recover damages as long as you were less than 51% at fault.
Let’s say you were 20% at fault and the other driver was 80%. You can still get paid for your damages, but your payment would be reduced by your share of the blame. If your damages were $10,000, you’d receive $8,000.
But if you were found to be 51% or more at fault, you can’t collect anything. That’s why proving fault matters so much.
How Fault is Investigated
Right after a crash, a police officer might arrive and fill out an accident report. That report can help a lot, especially if it includes a diagram, a narrative of what happened, or even a ticket issued to one of the drivers. But that report isn’t always the final word.
Insurance companies will do their own digging. They’ll talk to both drivers, look at photos, read the police report, and may even bring in accident reconstruction specialists. If they believe you were at fault, they might deny your claim or offer less money than you deserve.
Why Fault is Sometimes Hard to Prove
Some accidents are complicated. Imagine a wreck at a four-way stop. One driver says they had the right of way. So does the other. No witnesses. No cameras. Now it’s one word against another.
That’s where lawyers come in. A good lawyer knows how to gather the kind of proof that makes a strong case. They might find new witnesses, request cell phone records, or even check if a nearby business had a security camera pointed toward the street.
What You Can Do After a Crash
Right after the accident, if you can, take pictures of everything. The cars. The road. The traffic signs. Get the names and phone numbers of any witnesses. Write down exactly what happened while it’s fresh in your mind. These little steps can make a big difference later. And remember this—never admit fault at the scene. Even if you think you made a mistake, you might not have the full picture. Let the facts come out before anyone makes that call.
The Role of Traffic Laws in Determining Fault
One of the clearest ways fault is decided is by looking at whether any traffic laws were broken. South Carolina law has rules about speed limits, yielding, lane changes, and stopping at signals. If a driver broke any of these rules right before the crash, they’re more likely to be found at fault. For example, if a driver ran a red light and hit another car in the intersection, it’s hard to argue they weren’t to blame. But sometimes, the violation isn’t obvious. A driver might not use a turn signal before changing lanes, or they could be following too closely without leaving enough room to stop. These small actions can lead to big consequences, and they’re often key pieces in proving fault. Traffic laws aren’t just about tickets—they’re also tools used to figure out what went wrong and who should be responsible.
What Happens If the At-Fault Driver Disputes the Claim
Let’s say you were rear-ended while sitting at a red light. You might think that’s the end of it—the other driver should be clearly at fault. But sometimes, that driver or their insurance company may still try to avoid responsibility. They might claim you stopped suddenly or had a broken brake light. Even in what seems like an open-and-shut case, fault can still be argued. When this happens, having solid evidence becomes more important than ever. If the other driver is trying to shift the blame, you’ll need to back up your story with details. This could include dash cam footage, witness statements, or even expert testimony. The insurance company is looking for reasons to pay less. If you’re not ready, they might succeed. But with the right support and documentation, you can push back and keep the facts front and center.
Insurance Adjusters Don’t Always Get it Right
After a crash, your insurance company or the other driver’s insurance company will assign an adjuster to your case. These people are trained to investigate and decide who’s at fault. They’ll look at the reports, talk to the people involved, and maybe visit the scene. But that doesn’t mean they always get it right. Adjusters have their own goals, and part of their job is to limit how much money the company has to pay. They may try to say you were partially at fault just to reduce the payout. This is one reason people often feel frustrated or powerless after a crash. You know what happened, but someone who wasn’t there is making decisions about your case. If that happens to you, don’t give up. You have the right to question those decisions. And if the insurance company won’t listen, a legal team can help you get the hearing you deserve.
Proving Fault With Evidence and Timing
Timing can make or break a fault claim. The more time passes after an accident, the harder it can be to gather strong proof. Weather washes away skid marks. Cars get repaired. Witnesses forget details. That’s why it’s smart to move quickly. If you’ve been in a crash, try to collect evidence right away. Photos of the damage, the road conditions, and where the cars ended up can all help paint a clear picture. If you wait too long, those images are gone. Police reports are also more helpful the sooner they’re filed. If officers weren’t called to the scene, you can still file a report yourself. That creates an official record, and that record can support your side of the story if things get disputed later. In short, the faster you act, the stronger your case can be.
Fault and Personal Injury Claims
When someone gets hurt in a crash, fault doesn’t just matter for fixing cars. It also decides who pays for medical care, lost wages, and other costs tied to those injuries. If the other driver was at fault, you can file a personal injury claim to recover your losses. But just like property damage claims, injury claims depend on proving what happened. You’ll need medical records, doctor notes, and possibly expert testimony to connect the injuries to the accident. And the more fault the other driver had, the more you may be able to recover. On the other hand, if you’re found to share some of the blame, the value of your claim could go down. This is one reason many people choose to have a lawyer handle their injury case. It’s not just about showing you were hurt—it’s about showing you were not the one who caused it.
How a Lawyer Can Help
When fault is in question, having someone who understands South Carolina law on your side can change everything. A lawyer can deal with the insurance company, protect your rights, and make sure you’re treated fairly. And if things go to court, your lawyer will be the one building your case, telling your side of the story, and making sure the truth gets heard.
Your Next Step
If you’ve been in a car accident and you’re not sure who was at fault, or you feel like you’re being blamed unfairly, don’t try to handle it all alone. The truth matters, and so does your future. Let us help you figure out what really happened and what your options are. Contact McCutchen Vaught Geddie & Hucks, P.A. today. We’ll walk with you every step of the way, and make sure your voice is heard.
Thank you for sharing such an informative article on how fault is determined in South Carolina car accident cases. I particularly found the section on comparative negligence enlightening, as it clarifies how damage awards can be affected by the percentage of fault attributed to each party. To add to this discussion, it’s worth mentioning the role that witness testimonies can play in establishing fault. In many cases, it can be challenging to determine who is liable based solely on the police report or physical evidence at the scene. Eyewitness accounts can provide crucial context and help strengthen a party’s case. Moreover, expert testimonies, such as accident reconstruction specialists, may also help illustrate how the crash occurred, which can further clarify liability. Additionally, it’s interesting to consider how different states approach the concept of fault. In some jurisdictions, there are strict liability laws that change how these cases are evaluated, emphasizing the importance of understanding local laws. Given the complexities involved in assigning fault, how do you think tools like a writ of mandamus could influence the outcomes of these disputes in cases where parties feel their arguments are being overlooked?