Knowing what evidence you need to mount a successful car accident claim in South Carolina is essential. The right car accident evidence can significantly improve your chances of securing the maximum compensation you need to cover your losses related to the crash. The experienced car accident lawyers at Jebaily Law Firm are ready to help you collect evidence and pursue a personal injury claim.
Contact our firm for a free consultation about your case with one of our South Carolina car accident lawyers. We’ll analyze the accident details, review the types of evidence that may play a role in your case, and explain your options for seeking compensation.
The Significant Role of Evidence in a Car Accident Case in South Carolina
The most important reason for having solid evidence is to prove fault in a car accident case. People who are injured in South Carolina car crashes typically file their claims against the at-fault driver’s liability insurance policy. However, you need evidence to determine which driver was at fault for the accident.
Without the proper evidence, securing the compensation you need from the at-fault driver and their insurance company can be challenging. Additionally, due to South Carolina’s modified comparative negligence law, your compensation could be reduced in proportion to your degree of fault, so providing extensive evidence is necessary.
What Are the Key Types of Evidence You Need for a Successful Car Accident Claim?
Several types of evidence can make all the difference in your car accident case, including police reports, physical evidence, witness statements, accident scene photographs, photos of visible injuries, video footage, expert testimony, and medical records. Our experienced lawyers can gather this evidence while you focus on recovering from your injuries.
Police Reports
While South Carolina does not typically allow police reports to be used as evidence in court, they’re still vital for your car accident case. Police reports include various information about the accident noted by the responding officer, including the damage to the vehicles, the time, date, and location of the accident, and the officer’s initial fault determination. It can also provide the names of drivers involved, insurance coverage details, and contact information for eyewitnesses.
Insurance companies often request that you provide a copy of the police report when filing your claim. Your lawyer can also use the report to identify witnesses to follow up with and other forms of evidence to track down that may support your case.
Witness Statements
Eyewitness statements are important because they can corroborate your version of events or provide additional details about the accident that the parties involved do not have. Witnesses may include passengers in the vehicles involved, other motorists, pedestrians who happened to be nearby, or other individuals who witnessed the incident.
Accident Scene Photographs
Photographs from the scene capture the immediate aftermath of the accident. If your injuries permit it, take photos showing the damage to both vehicles, the positions of the cars, the road conditions, any skid marks on the road, and relevant traffic signs and signals. If your injuries are too severe for you to take these photos, you can request that someone else take them or have your attorney take pictures at the accident scene after the fact.
Videos
The accident that caused your injuries may have been captured on a dashboard camera in your car, the other car, or another motorist’s car. Nearby traffic or private security cameras may have also captured the crash. Traffic cameras are often located at intersections and on highways, two places where many accidents occur. If the accident happened near a private business or residence, your lawyer may be able to request access to security footage that captured it.
Expert Testimony
Expert testimony is vital in many car accident cases. Crash reconstruction specialists can use accident scene data to recreate how the crash likely occurred. Medical professionals can testify about the extent and severity of your injuries and the necessity of the treatments you’ve undergone, as well as your prognosis.
Medical Records
Copies of your medical records are required to prove the existence and severity of your car accident injuries. The records may include medical images, such as MRI scans and X-rays, detailed notes from your treating physician, and recommended treatment plans.
Who Determines Fault for a South Carolina Car Accident?
In South Carolina car accident claims, the facts of the case should reveal the identity of the at-fault party. The at-fault driver’s insurance company and your lawyer will each make their assessment about who caused the crash. They do so based on their interpretation of the evidence, their investigation into the accident, and, in some cases, expert analysis from accident reconstructionists.
If the insurance adjuster denies your claim or does not offer a fair settlement, your lawyer can file a lawsuit to seek the compensation you need. In a lawsuit, the court will ultimately determine who is at fault for the accident and determine the amount of compensation owed.
How to Seek Compensation for Your Car Accident Case in South Carolina
The first step in seeking compensation after a car accident is to file a claim with the at-fault driver’s auto insurance company. The insurance company will review the evidence you submit, perform its investigation, and choose to accept or deny your claim.
If it accepts your claim, it will offer a settlement. However, the initial settlement likely will not cover all of your expenses. It is always a good idea to have a lawyer review any settlement an insurance company offers before you accept it. If the settlement is too low, your lawyer can negotiate with the insurance company for additional compensation.
Your lawyer can also file a lawsuit on your behalf if the insurance company denies your claim or refuses to offer a fair settlement. Through the lawsuit, your lawyer can seek the maximum compensation available in court. It may still be possible to settle through negotiations even after filing a car accident lawsuit and beginning court proceedings.
Speak with Our Experienced South Carolina Car Accident Attorneys for Advice
If you were injured in a South Carolina car accident, contact Jebaily Law Firm for a free consultation with a knowledgeable personal injury lawyer. Our law firm has been serving injured South Carolina residents for over 50 years, and our attorneys have more than 100 years of combined legal experience that has helped us secure millions for our past clients.
