How to Prove You Are Not at Fault After a Car Accident
Part of filing a car insurance claim requires that you provide sufficient evidence showing that you are not at fault. Whereas finding convincing and reliable evidence can be challenging, common forms of evidence in a car accident case include a police report, photographs, video footage, eyewitness testimony, and phone records.
At Wyndham Law Firm, our Charleston car accident attorneys have been defending car accident victims in Charleston and the surrounding areas for over 30 years. We are prepared to help you recover the compensation that is rightfully due to you.
Types of Evidence in a Car Accident Claim
The following types of evidence may help to support your absence of liability in a car accident claim. Retrieving this evidence is not always simple, requiring that you obtain the services of an experienced Charleston car accident attorney.
Police Report
According to South Carolina §56-5-1260, you are required to report a motor vehicle accident to the police if it results in injury, death, or $1,000 or more in property damage. A police report will supply the following information regarding the accident:
- Date, time, and location of crash
- Witness personal identifying information and physical description
- License plate state/number, vehicle identification number (VIN)
- Description of the crash
- Estimate of repairs
- Doctor’s statement of everyone injured in the crash
- Which driver the officer believes is responsible for the crash
A police report offers an impartial assessment of who caused the accident. The police officer will typically draw a diagram showing how the events unfolded, explaining their reasoning for who they believe caused the crash. The cost to obtain a copy of a collision report is $6 and may be requested online, by mail, or in person.
Photographs
Although the Palmetto State has banned automated road safety cameras, other photographs taken at the accident scene can supplement any missing puzzle pieces as to which driver caused the crash. Photos of a car accident may include skid marks, property damage, and shredded tires. This type of documentary evidence can assist an accident reconstructionist as they investigate your case to determine liability (and your lack of it).
Video Footage
Video footage will show the events of an accident unfolding in real-time, swaying an investigator or jury’s verdict. Perhaps the most common form of video footage, a dashboard camera, or dashcam, can confirm the make/model/year of the vehicle of the at fault driver, showing the other driver’s actions in real time.
Eyewitness Testimony
Eyewitness testimony offers an impartial perspective of what occurred. Especially when certain details are missing, an eyewitness’s account of the event can corroborate your story to help establish your absence of liability. If multiple witnesses agree with your version of events, then this will only strengthen your credibility.
Phone Records
A person’s call records and text history can track whether a person was using their cell phone during a crash. Getting a person’s cell phone records is not simple, generally requiring a subpoena issued to the wireless carrier or cell phone company. However, phone records can demonstrate if a driver was distracted while behind the wheel.
Importance of Proving Liability in a Charleston, SC Auto Accident
In South Carolina, if you are determined to be at fault in an auto accident, you will be responsible for paying the other driver damages. That is because South Carolina is an at-fault state for car insurance claims, making it essential that you gather the necessary evidence to prove liability (or absence of liability).
Speak with a Charleston Car Accident Attorney Today
A car accident can leave you with thousands of dollars in medical bills and property damage, not to mention lost income. If you have been in a car accident in Charleston or the surrounding areas, now is the time to reach out to our Charleston, SC, car accident attorneys. To learn how we can be of assistance, contact us online or by phone. Initial consultations are offered free of charge.