Do I Have A Case If I Am The At Fault Driver?

April 24, 2024 – Paul Hammack

Do I Have A Case If I Am The At Fault Driver?

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 deserve for your case, call today!

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To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 326-3333(864) 326-3333 for a free consultation.

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