01.16.2025
Who’s at Fault in a Car Accident? Everything You Need to Know

Car accidents are stressful, even under the best circumstances. Adding injuries, insurance claims, and trying to figure out who’s at fault in a car accident can make the situation feel unmanageable. However, understanding how fault is determined is crucial, as it directly affects your rights and your ability to recover compensation.
This guide is here to help. We’ll break down how fault is determined, explore common accident scenarios, and outline practical steps to strengthen your case. Along the way, we’ll also highlight how an experienced car accident lawyer can provide the guidance and support you need during this challenging time.
How Is Fault Determined in a Car Accident?
Determining fault in a car accident comes down to one key factor: negligence. In short, negligence occurs when a driver fails to act with reasonable care on the road, leading to an accident. In South Carolina, fault is determined by reviewing evidence and assigning responsibility based on each party’s role in the crash.
If you’re found to be less than 51% at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you’re deemed 30% at fault in an accident and your total damages amount to $10,000, you would receive $7,000 after the reduction.
It’s important to note that proving fault isn’t just about percentages — presenting strong evidence can make all the difference. Some of the most common types of evidence include:
- Police reports with official details of the crash.
- Eyewitness accounts to clarify events.
- Traffic camera footage showing how the collision occurred.
- Expert analysis to reconstruct the accident scene.
Insurance companies and courts rely on this evidence to determine fault and assign liability. That’s why collecting and preserving evidence after a crash is so important — it can make or break your case.
What Does Comparative Negligence Mean?
In a no-fault state, each party’s own insurance would typically cover their losses. Since South Carolina operates under a modified comparative negligence system, it instead requires the at-fault driver (or their insurance) to pay for damages. However, your compensation may be reduced if you are partially to blame for the accident.
For example:
- If another driver rear-ends you at a red light, they are likely 100% at fault, meaning you could receive full compensation.
- If you stopped suddenly without signaling and contributed to the collision, you may share some blame. If you’re found 20% at fault, your compensation would be reduced by 20%.
Understanding South Carolina’s comparative negligence system can help you determine whether pursuing a claim or settlement is worthwhile — and how much you might expect to recover. When fault is unclear, consulting an experienced attorneycan provide clarity and ensure your rights are protected.
At Carr Legal Group, our team specializes in helping South Carolina residents handle these complex cases and fight for the compensation they deserve. Schedule your free consultation today to see how we can help.
About South Carolina Liability Insurance
In South Carolina, drivers are required to carry liability insurance with minimum limits of $25,000 per person and $50,000 per accident. This coverage pays for damages caused to others when you’re at fault. Additionally, South Carolina is not a “no-fault” state, meaning that proving fault is critical to recovering damages.
Common Scenarios: Who’s at Fault?
Some types of car accidents are more likely to raise questions about fault. Let’s take a closer look at a few common scenarios and how fault is typically determined in South Carolina:
- Rear-End Collisions: In most cases, the driver in the rear is at fault because they’re expected to maintain a safe following distance. However, there can be exceptions. For example, when the lead driver stops abruptly without signaling or has non-functioning brake lights.
- Left-Turn Accidents: Drivers making left turns are usually considered at fault because they must yield to oncoming traffic. That said, fault can shift if the oncoming vehicle was speeding, ran a red light, or otherwise acted negligently.
- Intersection Collisions: Determining fault often hinges on which driver had the right of way. Common causes include running stop signs or red lights, which are clear signs of negligence. Fault may also depend on whether proper signals were used or traffic laws were followed.
- Multi-Vehicle Accidents: These crashes can be particularly complex, as fault may be shared among several drivers. In South Carolina, the comparative negligence rule means that each driver’s percentage of fault will affect their liability and compensation.
Steps to Take After a Car Accident to Prove Fault
The steps you take immediately after a car accident can make or break your ability to prove fault. Even worse, it can affect your ability to secure fair compensation. By taking the right steps, you can protect yourself legally while building a stronger case for insurance claims or potential lawsuits.
Here’s what to do:
- Call the Police: Reporting the accident to law enforcement is crucial. A police report provides an unbiased, official account of the crash, including details that can support your claim, such as traffic violations or witness statements. Once the report is filed, you can request a collision report through the South Carolina Department of Motor Vehicles (SCDMV) to have an official record for your insurance or legal case.
- Document the Scene: Use your phone to take clear photos of the vehicles, any damage, skid marks, traffic signs, and the overall scene. This visual evidence can help establish fault and counter any disputes.
- Gather Witnesses: If there are bystanders who saw the accident, ask for their contact information and a brief account of what they observed. Witness statements can be powerful tools when fault is unclear or contested.
- Exchange Information: Politely exchange insurance and contact details with the other driver(s) involved. Avoid discussing fault or making admissions at the scene — stick to the facts.
- Seek Medical Attention: Even if injuries seem minor, get checked out by a medical professional. Medical records can support your claim. Injuries like whiplash or internal trauma might not show symptoms right away. Medical records can serve as evidence if you pursue a personal injury claim.
- Consult a Lawyer: An experienced personal injury attorney can guide you through the legal process and protect your rights. They can also handle insurance companies that may try to minimize or deny your claim.
How a Car Accident Lawyer Can Help You Prove Fault
Proving fault isn’t always straightforward, especially if the other driver disputes your claim or if multiple parties are involved. That’s where a personal injury lawyer can make all the difference. Here’s how they can help:
- Investigate the Accident: Attorneys can gather crucial evidence, such as traffic camera footage or expert witness testimony.
- Negotiate with Insurance Companies: Insurance companies may attempt to reduce or deny your claim. A lawyer can fight for fair compensation.
- Explain South Carolina Laws: They’ll ensure you understand how the state’s comparative negligence rules affect your case.
- Represent You in Court: If a settlement isn’t possible, your attorney can file a lawsuit and present your case before a judge.
If you or a loved one have been injured in a car accident, proving fault can be challenging without professional help. Contact us today for a free consultation and let us help you navigate the road to recovery.
Back