Can Fault Be Determined by Car Accident Damage?

Although vehicle and property damage can signify fault, they are not conclusive on their own in establishing liability. Other evidence, including police reports, video/photos, eyewitness testimony, expert testimony, and cell phone records, can provide crucial information or fill in gaps. That’s because there are many moving parts in a wreck, none of which can be fully explained by a shattered windshield or dented fender.

At The Law Office of Brad C. Richardson, LLC, we evaluate each case independently to determine its worth. To receive a valuation of your car accident case, reach out to our Myrtle Beach car accident attorney at your earliest opportunity.

How is Fault Determined in a Car Accident?

Determining the other driver’s liability depends on proving the four elements of negligence:

Duty of Care

The other driver (and all road users, in that manner) has a duty to follow traffic rules and regulations.

Breach of Duty

A driver fails to uphold their duty of care by running a stop sign or red light, failing to yield right-of-way, or speeding.

Causation

You must draw the causal link between a driver’s actions and the accident. In personal injury lawsuits, causation is split into two parts: factual and proximate cause. Factual cause (also known as cause-in-fact) requires showing that the harm would not have occurred but for the defendant’s actions. This differs from proximate or legal cause, which evaluates the foreseeability of your injuries. If your injuries could be anticipated from the other driver’s behavior, then proximate cause will likely be established. In many car accident claims, causation is often the most challenging element to prove, especially when relying on damage alone.

Damages

A valid claim requires showing that you experienced measurable losses, known in the law as damages. In a car accident case, this often involves medical bills, lost wages, and pain and suffering.

How Damage Informs Fault

Investigators look at the location, direction, and severity of impact damage to reconstruct what happened. If damage shows one vehicle was hit broadside in an intersection where the other vehicle had a stop sign, and the first vehicle didn’t, that’s strong evidence the second vehicle ran the stop sign. Point of impact and direction of impact are often the most telling details, as they can confirm or contradict a driver’s account of how the crash happened.

However, the amount or severity of damage doesn’t reliably indicate which driver was negligent. In a typical rear-end crash, the rear driver is almost always at fault, yet the lead driver often sustains more damage to their car. So, simply sustaining more vehicle damage doesn’t signify fault. Also, a more heavily damaged vehicle may simply be smaller, lighter, or built to absorb more impact; none of which speaks to negligence. In these cases, the police report, photos/videos, eyewitness testimony, and other evidence will need to be reviewed to determine what unfolded.

Evidence Preservation to Establish Liability

The preservation of evidence is essential to building a strong case. Our car accident lawyer is adamant in obtaining maximum damages for injured parties, which is why the initial investigation can take anywhere from two to six months to complete (depending on the case complexity). The legal duty to preserve evidence in South Carolina isn’t limited to after a lawsuit is filed; it applies whenever a party reasonably should know that evidence may be relevant to anticipated litigation. This legal standard was established in Silvestri v. General Motors, 271 F.3d 583 (4th Cir. 2001) and has been subsequently adopted by South Carolina courts.

Sending a formal spoliation letter early in a claim strengthens the record and puts the other side on notice not to destroy or alter specific evidence. For example, a car accident spoliation letter may put the opposing party on notice to keep the vehicle in its post-accident condition. The court looks for certain elements in proving spoliation of evidence, which we are prepared to provide to ensure that all relevant information is obtained.

Vehicle Damage? Do Not Hesitate to Contact Our Myrtle Beach Car Accident Attorney Today

Determining fault takes more than a glance at the damage; it takes a thorough investigation before evidence disappears. If you’ve been in an accident and aren’t sure who’s at fault, our Myrtle Beach car accident lawyer is here to help you find out. To schedule your confidential case review, contact The Law Office of Brad C. Richardson, LLC, today online or by calling (843) 488-4321.