Serving Can Fault Be Determined By Car Accident Damage?
Although vehicle damage is not the only factor in determining fault, it can provide major clues as to how a crash unfolded. Other evidence, including photographs, videos, witness testimony, and the police report, can provide further information on the details behind a collision.
Even in providing all this information, the insurance company’s first offer typically only accounts for 40% of what your case is worth. It is rarely a good idea to accept this first settlement offer since you will be barred from any further recovery in connection with your claim. If you have recently been in a crash and are experiencing a run around from insurance, our Myrtle Beach motor vehicle accident lawyer is available to fight for your interests.
How is Fault Determined in a Car Accident Case?
Car accident cases are centered around negligence or a person using less than reasonable care in a given situation, resulting in injury to another. To prove that the other driver was negligent, you will need to establish the following:
- Duty of care: Every driver has a duty to follow the rules of the road.
- Breach of duty: A driver who fails to comply with traffic rules and regulations violates the duty of care owed to other road users.
- Causation: There must be a causal link between the driver’s actions and your injuries.
- Damages: As a result of the other driver’s breach, you must suffer compensable losses (such as lost wages, medical expenses, and emotional distress).
Location of Damage on a Vehicle in Determining Fault
The location of damage on a vehicle can indicate which driver is at fault. While it may be easier to tell who is at fault in a rear-end accident, broadside collisions, also known as T-bone accidents, are generally more difficult to discern. In these situations, if only one vehicle has sustained side damage, this suggests that the driver of the other vehicle is most likely responsible for the crash.
Not every accident case is straightforward. Car accident attorneys often consult with accident reconstructionists to determine liability. An accident reconstructionist specializes in analyzing accidents, examining various facets to determine the specific angle at which the vehicles collided and the speed of each upon impact.
Accident reconstructionist’s training allows them to be used as expert witnesses. According to South Carolina Rules of Evidence Rule 702, an expert witness’s “scientific, technical, or other specialized knowledge” will help a judge or jury determine the facts in a case. In South Carolina, one party may move to have a hearing determining the validity of any expert witness before the individual testifies.
Visual Evidence is Key to Winning Your Car Accident Case
Juries respond well to visual representations of car accident cases. If you have access to cell phone footage, a dashcam, or a video surveillance camera, these can all help to fill in any confusion on certain details. If video evidence is not available, then photographs of shredded tires, broken fenders, and vehicle debris can help to discern what occurred. Visual evidence allows a “trier of fact” (a judge or jury) to conceptualize how the crash unfolded. A plaintiff who can obtain eyewitness testimony corroborating any visual evidence has the greatest chance of receiving ample compensation.
Victim to a Crash? Contact Our Myrtle Beach Motor Vehicle Accident Attorney Today
A car accident can leave you with thousands of dollars in medical bills and lost wages. This does not even begin to account for the damage to your vehicle and the cost to return it to its prior condition. At The Law Office of Brad C. Richardson, we understand the distress of being in a collision. Our Myrtle Beach motor vehicle accident lawyer has helped thousands of car accident victims secure a just award and is ready to advocate for you. If you are ready to find out what your car accident case is actually worth, do not hesitate to contact us online or give us a call today.