In 2022, there were 6,700 truck tractors involved in collisions in South Carolina. If you’re a victim, you must prove fault to receive compensation. Victims may wonder, “How do you prove fault in a truck accident in South Carolina?”
Understanding South Carolina’s Fault Laws in Truck Accidents
Proving fault in a South Carolina truck accident starts with knowing what you must prove. To receive compensation from someone else, you must prove they are at fault for the accident.
There’s a legal definition of being at fault, and it usually means proving negligence.
Negligence is doing something that a reasonable person would not do or failing to do something that a reasonable person would do. It’s acting in a dangerous way that creates an unreasonable risk of an accident. Speeding, failing to leave enough following distance, and cutting into a lane are a few examples.
Comparative negligence
It’s not enough simply to prove that someone is at fault for the accident. You must defend against accusations that you are more at fault than they are. South Carolina uses a comparative fault system wherein your fault is compared to their fault. If you’re at fault, the amount of compensation you get is reduced by the percentage of fault you own. If you’re 51% or more at fault, you can’t recover damages at all.
Because of comparative negligence, proving fault for a South Carolina truck accident is both offensive and defensive. You must prove what the other party did, and you must defend allegations against you.
15 Pieces of Key Evidence To Prove Fault in a Truck Accident
15 pieces of evidence you may use to prove fault for a truck accident in South Carolina include the following:
1. Vehicle movement
The position of each vehicle before, during, and after the crash may explain what happened. For example, if you were rear-ended by a truck, it is strong evidence that the truck failed to leave sufficient following distance, travel at an appropriate speed, or maintain its brakes. Law enforcement officers investigating the crash may document vehicle movement.
2. Your testimony
Your own testimony about the crash can explain what happened. You may talk about whether the light was red or green, for example. Testimony can include what you saw the other vehicle do, who had the right of way, and other things that are important to proving fault.
3. The truck driver’s statements
The things the truck driver says may be used in a claim against the trucking company. The driver is unlikely to directly admit they were at fault. However, they may admit the position of their vehicle and other things that can be used to make the case for liability.
4. Other witness statements
Witness testimony is some of the most powerful testimony in any claim. Other vehicle occupants, witnesses to the accident, and even employees of the trucking company may have factual evidence to contribute to proving fault. It may be necessary to gather additional evidence supporting the witness testimony as reliable.
5. Videos and photographs
Video may show the accident itself. There may be dash cam video or nearby surveillance cameras showing the accident in real time. Photographs may reveal damage to vehicles. You can take photographs after the accident and, if appropriate, ask for a vehicle inspection.
6. Data recorders
Today’s vehicles often come with data recorders. The information recorded on these devices may vary but may include brake application, vehicle speeds, and other critical events.
7. Vehicle design and manufacturing
Sometimes, fault for a truck accident is due to the truck’s design or manufacturing defects. Information about parts, design, and modifications may be important to show what caused the accident.
8. Statutory violations
Traffic laws apply to truck drivers and trucking companies just like they apply to everyone on the roads. A specific legal violation isn’t required, but if it exists, it is strong evidence in favor of liability.
9. Safety regulations
In addition to the traffic laws that apply to everyone, there are safety regulations that apply only to trucking companies. These regulations come from federal and state authorities. You must identify the regulation and prove that the trucking company violated it. Evidence may include records of business activity.
10. Weather
Weather conditions at the time of the crash may factor into responsibility for the crash. Weather data is kept for historical purposes and should be readily available. You must prepare the evidence for admissibility in court.
11. Information about the load being transported
Problems with the transported load may be grounds for legal fault. The load may have become unstable, causing a weight shift that made the truck erratic. Company records, inspections, and accident reconstruction may explain how the load transported impacted the trucking accident.
12. Trucking company operations
Liability of the trucking company may stem from its hiring, training, and drug testing policies. Company records may reveal business practices.
13. Chemical testing
If drugs or alcohol were involved in the crash, chemical tests are important. Law enforcement may have administered a breath or blood test. Chemical test results may show impairment, creating liability.
14. Identity of trucking company
Trucking companies are often a complex web of ownership entities. A company may operate in more than one state. Part of proving fault for a trucking accident means knowing who exactly is at fault.
15. Road debris, road marks
Evidence at the scene can explain vehicle movement, location, and underlying factors. For example, road debris may explain the direction of impact and amount of force. Skid marks on the road may show wheel turning or braking activity.
Using Expert Testimony in Truck Accident Cases
Expert testimony can explain technical or scientific information. It may explain how factual evidence should be interpreted. Expert testimony must be prepared in advance, with the proper civil procedure for admission.
Contact an Experienced Greenville Truck Accident Lawyer
Are you building your case for fault for a truck accident in South Carolina? Contact Greenville truck accident lawyer Robert “Bobby” Jones. He is experienced in handling truck accident claims.
