Who determines fault after a car accident can be confusing. The police are the first on the scene. They conduct an initial investigation by talking to the drivers and any witnesses, and they often issue one or both of the drivers a ticket. In major car accidents, the investigation can take much longer if it includes things like accident reconstruction. Because the police are the ones issuing the tickets, you may think that they determine fault. However, the insurance companies are actually the ones who determine fault after a car accident.
Car accident injuries can take you out of the action, but you may have options. The attorneys at our firm can help you understand how fault plays a role in your case and whether you have grounds to file a lawsuit against the other party.
How Is Fault Determined After a Car Accident?
When the insurance company is determining who was at fault for a car accident, the main piece of evidence they look at is the police report. This is why there is a common misconception that the police determine fault. In most cases, the insurance company’s determination of fault will line up with the police report and how tickets were issued. However, the insurance company may also do its own accident investigation, take witness statements, and interview the drivers to inform their decision.
Can I Still File a Lawsuit If I’m Found at Fault?
Many people think they can’t file a lawsuit against another party if they were issued a ticket for the accident, but this isn’t the case. In the state of South Carolina, you are able to file a personal injury lawsuit against the other driver even if you were found partially at fault. You just have to have been found less than 50% at fault. Figuring out this percentage can be a little challenging, so it’s a good idea to discuss any concerns you have about this with an attorney.
How Do I File a Car Accident Lawsuit?
The first step in filing a car accident lawsuit is to talk with a knowledgeable personal injury attorney. They can help you determine whether your injuries meet the criteria for a personal injury case and go over all of the possible options. If you decide to move forward with a case, the attorney will handle all of the paperwork and get the case officially filed in the civil courts.
Determining fault can be a challenge, but the good news is that it’s only one part of the puzzle when it comes to personal injury cases. Call (803) 888-2200 to discuss your case with one of our attorneys and get more information on filing a personal injury lawsuit and pursuing the compensation you deserve.