Sometimes it can be tricky for an investigating officer who did not witness the collision to determine fault. Their primary duties are to the secure the scene, clear the roadway, document the contact and insurance information of the parties, and make sure any parties seriously injured get medical attention. All South Carolina Highway Patrol Troopers and most other law enforcement patrol officers go through accident investigation training, which is usually just a few days early in their careers, then they mostly learn on the job. Some law enforcement officers receive advanced training but that is not the norm. Often investigating officers have to make judgment calls based upon limited information or conflicting witness accounts. Unfortunately that means that well-intentioned law enforcement sometimes they get it wrong.
If you are found to be solely at fault or “contributing” to the accident, that is not conclusive, and it should not come into evidence at trial. However, it does create a problem and presumption that must be overcome by clear and convincing evidence. There still may be a case for the passengers that were in your vehicle at the time of the incident, including your relatives.
If you are the at-fault driver in an “fault state” such as Georgia, South Carolina, and North Carolina, it simply means that authorities have determined that you contributed to the accident. Fault is determined by the police or state trooper in the incident report, and sometimes facts are left out of the report that affect fault. If you were injured in an accident, and you believe that you were wrongfully labeled as the at fault driver, then call your local Greenville car accident attorney today. Even with an attorney reviewing the facts of an accident, there is no guarantee that fault can be changed, but at a minimum we can help you navigate the issues at zero cost to you.
If you were involved in an accident where you sustained injuries and you believe that you were wrongfully at fault, then call the attorneys of Hammack Law Firm. Our team has experience with cases such as this and we have been able to prove where an individual is wrongfully at-fault. Do not wait and risk missing out on the compensation you need for your case, call today!
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 766-7108 for a free consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
