After a crash, people often feel shaken and unsure about what happened. Figuring out who hit whom matters for insurance claims and legal responsibility. Our Greenville car accident lawyer helps drivers and passengers across South Carolina gather evidence and understand how liability is determined after a wreck.
How investigators determine fault
In most car accidents, fault depends on who acted carelessly or broke a traffic law leading up to the collision. Police officers and insurance companies look at several pieces of evidence to make that decision.
Police report and witness statements
A police report is one of the first and most important records after a crash. Officers note the location, vehicle damage, weather, and road conditions. They may include opinions about how the accident occurred and whether someone received a citation.
Witness statements can also help determine liability. People who saw the accident can describe which car entered an intersection first, who ran a red light, or whether one driver was speeding. Gather names, phone numbers, insurance information, and written accounts at the scene if possible.
Physical evidence at the accident scene
Physical evidence tells a story when memories fade. Skid marks show when brakes were applied and how fast a car may have been moving. Broken glass or paint transfer can confirm the point of impact and help determine who hit whom. Photos and videos are useful for showing the positions of the vehicles and any nearby traffic signals or signs.
Vehicle damage and positioning
The damage to each car often reveals how the crash unfolded. For example, rear-end collisions typically point to the trailing driver as the one at fault, since traffic laws require keeping a safe distance. But exceptions exist, like when the front driver makes a sudden stop for no reason.
Damage patterns can also show if one car crossed into another lane or turned too sharply. Accident reconstruction experts sometimes use this evidence to recreate what happened, especially in complex or high-speed collisions.
Road conditions and traffic laws
South Carolina’s traffic laws help clarify liability in certain situations. Running a red light, ignoring a stop sign, or failing to yield are clear violations that point toward fault. Bad weather, low visibility, or road hazards can contribute to a crash, but they rarely excuse breaking a rule of the road. Drivers must adjust their speed and following distance when conditions change.
Gathering evidence after the accident
Collecting the right information can make a big difference in your car accident case. Even small details, like the time of day or the direction of travel, can support your version of events.
- Take clear photos of all vehicles, road signs, and skid marks.
- Write down what you remember leading up to the accident.
- Keep copies of the police report and any citations.
- Get contact details from witnesses and first responders.
- Save repair estimates, medical bills, and communication from insurance companies.
Sharing this information with your car accident attorney helps build a strong case and prevents confusion about who caused the crash.
Common challenges when determining fault
Figuring out who caused a crash isn’t always simple. Insurance companies may argue over the details to lower what they pay, and sometimes, both drivers share part of the blame. South Carolina uses a modified comparative negligence rule, which means you can still recover money if you’re less than 51% at fault, but your payment may be reduced by your share of responsibility.
Conflicting evidence can make fault hard to determine. Witnesses may remember the accident differently, and photos don’t always show what happened. In tough cases, lawyers use accident reconstruction experts who study vehicle damage and, if available, black box data, to see how the crash occurred.
Why legal help matters
Insurance companies often try to protect their bottom line, and determining fault is key to how much they pay out. An experienced car accident lawyer can review your police report, witness statements, and physical evidence to present your side clearly.
At Smith Jordan Law, our attorneys have decades of experience helping South Carolina drivers and passengers recover after serious crashes. We handle communication with insurance companies and make sure your rights are protected at every step.
Get help from Smith Jordan Law in South Carolina
If you’ve been involved in a car accident and need help determining who was at fault, contact Smith Jordan Law. Our team helps clients across Greenville, Easley, and nearby communities get back on their feet after a wreck. Call (864) 343-2222 or contact us online for a free consultation with a lawyer who will listen and guide you through the process.