Serving How to Prove Negligence in an Auto Accident
Dense traffic and popularity in Myrtle Beach, South Carolina, have caused an increase in auto accidents in recent years. If you have suffered an injury while traveling around Myrtle Beach, you will need to gather evidence to establish fault. Pertinent evidence includes a police report, photos/videos, and eyewitness testimony. This can be a cumbersome process, but it can be made easier by working with our Myrtle Beach motor vehicle accident lawyer at The Law Office of Brad C. Richardson, LLC.
Proving Negligence
Car accidents are typically caused by one party’s lack of reasonable care, known as negligence. In an auto accident, negligence can be broken down as follows:
- Duty of care: Every road user has a duty to follow traffic laws and regulations.
- Breach of duty: Either through an act or omission, the defendant (at-fault driver) failed to uphold their duty of care.
- Causation: The plaintiff (you) must establish the link between the defendant’s conduct and your injuries.
- Damages: As a result of your injuries, you have sustained compensable losses. In a car accident claim, this typically includes lost earnings, medical bills, and pain and suffering.
Obtain a Police Report
If your accident resulted in injury or death, SC Code §56-5-1260 requires you to notify the police immediately. If the accident isn’t investigated by law enforcement and involves injury, death, or more than $1,000 in property damage, SC Code § 56-5-1270 requires you to file a written report with the South Carolina Department of Motor Vehicles (SCDMV) within 15 days.
The officer who responds to the accident scene will take down the following information:
- Date, time, and location of the accident
- The full names and contact information of all parties involved
- A description of the vehicles involved and vehicle/property damage
- Road and weather conditions
- A diagram of the accident
- A description of any injuries
- Who the officer believes is responsible
A police report is an essential document in an insurance claims package, providing an impartial account of what occurred. The police officer’s rundown of the crash will allow the insurance company to determine fault and assess damages.
Take Photos or Obtain Videos
Once you have moved your vehicle off to the side of the road and checked yourself for injuries, you should take photos of the accident scene. This includes taking pictures of vehicle wreckage, the final resting position of both vehicles, any nearby intersections or cross-streets, and any visible injuries.
Additionally, if there are any nearby businesses with surveillance cameras, take note of them. By providing this information to our Myrtle Beach motor vehicle accident attorney, we will send a spoliation letter to the applicable business to ensure that the video evidence is preserved. Upon receiving notice, a company must not alter or delete evidence. Doing so could result in potential court sanctions.
Get the Names of Any Eyewitnesses
If any bystanders saw the crash, ask if you could take down their names, phone numbers, and if they are willing to provide a brief statement. Having a potential witness’s contact information may come in handy if you need someone to provide a neutral perspective. An impartial party that corroborates your story may be just what you need to be compensated fairly.
Injured? Speak with Our Myrtle Beach Motor Vehicle Accident Attorney
If you have suffered an injury while driving in or around Myrtle Beach, The Law Office of Brad C. Richardson, LLC, would like to speak with you. With over 20 years of experience serving Myrtle Beach and the surrounding communities, we provide aggressive advocacy for victims of negligent drivers. To schedule your consultation with our Myrtle Beach motor vehicle accident lawyer, our office can be reached online or by calling (843) 488-4321.