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Lexington, South Carolina
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Why who was at fault matters in South Carolina car accident cases

Car accident

If you were involved in a car accident, the facts regarding what happened may not be entirely clear. Your crash may have come out of nowhere without any indication of how it occurred. You may have felt shock and adrenaline in the moments after your crash, but later learned that you need to be treated for injuries and take time off from work until you recover.

So now what?

The aftermath of a crash can be financially devastating and frustrating, but the outcome of your case doesn't have to be. The legal team at Johnson + Johnson Attorneys at Law knows how to handle cases like yours and get results.

How is fault determined in a car accident case?

South Carolina is an at-fault car insurance state, so you must prove that the other driver's negligence led to your injuries. In addition, South Carolina employs the modified comparative negligence rule (SECTION 15-38-10). That means even if a plaintiff contributed some fault to a crash, the plaintiff could still recover damages. That's as long as the amount of fault contributed to the crash isn't greater than the other driver's.

  • For example, if driver A was 80 percent at-fault for a crash and driver B was only 20 percent at fault, then driver B would be able to recover damages. The damages driver B may recover is reduced by the amount of fault contributed, however. If Driver B's total damages were $50,000, then Driver B may be able to recover only $40,000.

How is fault proven in a car accident case?

Nobody can truly determine who was at fault without first gathering the facts. Without solid proof, the other driver's insurance company can downplay or deny your claim. Johnson + Johnson Attorneys at Law works to prove negligence by gathering critical evidence. Here's how:

  • We work with crash reconstruction experts. With the help of a crash reconstruction expert, we can get a clear picture of how your crash occurred. A crash reconstruction expert will:
    • Examine the amount of damage inflicted to both cars, as well as roadside structures (guardrails, poles, trees, buildings, etc.).
    • Analyze the road conditions and environmental factors that could have contributed to your crash.
    • Check tire marks in the road to determine if speed was a factor or whether or not the at-fault driver attempted to stop.
  • Our attorneys will analyze your car accident report. The car accident report is an unbiased document that includes key indicators regarding how your crash occurred. When police arrived at the crash scene, they began an initial investigation. All information that the police collected from the crash scene will be included in the report. You can obtain a copy of the report online at the South Carolina Department of Motor Vehicles website. Your lawyer can also obtain a copy for you.
  • We can gather video footage. Video footage from surveillance cameras and dashcams aren't always easy to come by, but they provide solid visual evidence. Tracking down video footage can be difficult since it can be quickly overwritten.
  • We interview witnesses and get their side of the story. The statements of witnesses provide a strong basis for all other evidence gathered by your attorney. They can be cross-referenced with the police report, surveillance camera footage and evidence gathered by a crash reconstruction expert.
  • Cellphone records. Very few drivers will admit to texting and driving at the time of a crash, but the electronic records from a cellphone company can tell the true story. Cellphone records subpoenaed by an attorney can reveal that the driver was texting, making a phone call or browsing the internet.

Why hire a Lexington car accident attorney?

In a perfect world, the at-fault driver's insurance company would pay you every dollar you're entitled to. Unfortunately, it doesn't work that way. Insurance companies are more interested in protecting their bottom line than compensating crash victims. Meanwhile, you could be facing a heap of medical bills and a lack of income while you're out of work. On top of that, your crash may have caused you a great deal of mental anguish, as well as pain and suffering.

You need an experienced Lexington car accident attorney on your side who will fight to make things right. If you were hurt in a crash, contact Johnson + Johnson Attorneys at Law to find out how we can help maximize your compensation. Our law firm offers free and confidential case evaluations and won't charge you any money unless we win your case.

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