How to prove you are not at fault in a car accident involves protecting the integrity of your claim by reporting the accident and seeking immediate medical attention, gathering critical evidence, and avoiding common pitfalls that can inadvertently damage your right to compensation.
Having an experienced North Charleston car accident lawyer on your side is one of the smartest moves you can make.
Steps to Take Immediately After an Accident
After an accident, no matter how minor, you may feel confused, scared, or disoriented. That is a perfectly natural reaction. However, once you have confirmed that you and others are physically safe, it is essential to regain your composure and take a series of steps to protect yourself legally and financially:
- Ensure safety first: Check yourself and your passengers for injuries. If it is safe to do so, move your vehicle out of the roadway to prevent further harm or collisions. Turn on your hazard lights and use cones or warning triangles if available.
- Call for medical help and police assistance: Contact emergency services even if injuries seem minor. Statements from medical professionals and police officers are often one of the most critical pieces of evidence you can collect.
- Speak to witnesses: If anyone witnessed the accident, ask for their names and contact information. Ask if they are willing to give a brief statement to the police. Neutral third-party witnesses can play a vital role in confirming your version of events.
- Document the scene thoroughly: Take clear photographs and videos of the vehicles, license plates, skid marks, debris, traffic signs, and the surrounding area. If you can, narrate what happened in a video while your memory is fresh. Make note of weather conditions, time of day, and any potential contributing factors, such as poor lighting.
- Exchange information: Exchange contact and insurance information with the other driver(s), but avoid discussing fault at the scene. Stick to factual statements and let the police and insurance companies determine liability based on evidence.
- Report the accident to your insurance company: Notify your insurer as soon as possible. Be honest and factual, and provide all the documentation you have gathered. Be cautious about speaking with the other driver’s insurance company, especially without legal counsel.
- Consult an attorney: An experienced car accident lawyer can help you manage the legal side of things, negotiate with insurance companies, and preserve your rights. Legal representation is especially beneficial when fault is disputed or when injuries are involved.
Any car accident, even one that may seem minor, can be stressful and cause poor judgment. By following these steps, you put yourself in the best position to win your case and prove that you are not the at-fault party in a collision.
Evidence to Prove You Were Not at Fault in a Car Accident
To prove that you were not at fault, you must rely on clear, credible evidence. Some types of evidence that carry weight include, but are not limited to:
- Police report: This is a powerful piece of evidence in establishing liability and proving you are not at fault in a car accident. You can request a copy of the police report through the South Carolina Department of Motor Vehicles or the responding law enforcement agency.
- Eyewitness testimony: Neutral witnesses can confirm key details, such as whether someone ran a red light or was speeding.
- Dashcam footage: If you or another party has dashcam footage of the accident, this can be one of the most direct ways to show what happened in real-time.
- Photos and videos: Visual evidence can demonstrate damage, traffic signals, the location of vehicles, and other critical details.
Gathering these pieces of evidence is paramount and will help solidify your case and prove you are not at fault in a car accident.
South Carolina Law on Car Accidents and Fault
South Carolina follows what is called a modified comparative negligence rule, as outlined in Civil Remedies and Procedures § 13-38-15. It states that you can recover damages as long as you are less than 51% at fault for the accident. If you are found to be 51% or more at fault, you cannot collect any compensation from the other driver.
Because of this rule, it is very important to show clear proof that you were not mostly to blame for the accident by providing clear evidence and working with a knowledgeable car accident attorney. This will also help to ensure that you recoup any damages that are owed to you by the other driver.
What to Avoid After an Accident To Prove You Are Not at Fault
Sometimes, what you do not do can be just as important as what you do. Here are a few common mistakes to avoid:
- Do not admit fault: Even something as simple as saying “I am sorry” can be misinterpreted as an admission of liability.
- Do not post on social media: Avoid discussing the accident online. Insurance adjusters and defense attorneys may review your posts for statements that can be used against you.
- Do not delay medical treatment: If you are injured, seek medical attention as soon as possible. Delaying or declining medical treatment can give a judge the impression that your injuries are not as severe or that they are unrelated to the accident.
- Do not delay contacting an attorney: If you are considering when it is too late to get a lawyer for a car accident, you may have a limited time to file a claim. You will want to start the process of building your case as soon as possible.
South Carolina’s Civil Remedies and Procedures § 15-3-530 states you have three years to file a claim. Proving you are not at fault in a car accident involves staying calm, collecting evidence, involving law enforcement, and seeking a car accident attorney near you.
Shelly Leeke Law Firm Is Here to Support You
Taking the proper steps after a vehicle collision can make a significant difference in the outcome of your claim. It can be the deciding factor in whether or not you are held liable for an accident that was not your fault. Following the right course of action can also ensure that you receive compensation for damages if they are owed to you.
At Shelly Leeke Law Firm, we can help build your case, prove you are not at fault, and recoup any damages that you may be entitled to. You do not have to fight this battle alone. Contact us today to set up your free consultation.
