Admitting Fault in a Car Accident:  Here’s What You Need to Know

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There are several ways that a motor vehicle operator might be negligent in a car accident. For example, the motor vehicle operator may have been violating a rule of the road, such as exceeding the speed limit, failing to use a turn signal, or following another vehicle too closely.  Sometimes, even where it may appear at first that you were responsible for the collision, a collision may actually have been caused by both drivers, or even the other driver. 

By admitting fault for a car accident while at the scene of the accident, a driver essentially concedes that he or she played a part – even if it’s a minor part – in the occurrence. Therefore, at the accident scene, it is important that you do not apologize for the accident or otherwise admit fault. If you do, that statement may be noted in any police report that is prepared, and may complicate your efforts to recover your damages in the event you determine that you were not, in fact, solely responsible for the collision..

Modified Comparative Negligence

In recognition of the fact that sometimes both drivers may have contributed to causing an accident, the state of South Carolina utilizes modified comparative fault in motor vehicle accident cases. According to South Carolina law, a person who is partially at fault can still recover monetary compensation for injuries suffered in an accident, so long as that person’s level of fault must not exceed the other driver’s percentage of fault. Under that same system, if a court finds that an accident victim contributed to his or her own accident, the amount of damages that person is entitled to receive will be reduced in accordance with the accident victim’s percentage of fault.

Talk with an Experienced Greenville Car Accident Lawyer Today

The Greenville attorneys at David R. Price, Jr., P.A. are ready to assist you with handling every aspect of your personal injury car accident case. For a free case evaluation and legal consultation with a knowledgeable Greenville car accident attorney, please give us a call at 864-432-1759 or contact us online for more information about how we can help. 

Car Accident FAQ

What Does It Mean to Admit Fault for a Car Accident?

A person could admit fault for a car accident in several ways. He could admit fault to the other driver at the scene or tell the responding police officer that they caused/contributed to the accident in some way (such as by not paying attention).  A person could also admit fault to an insurance adjuster after the collision.

Why Should I Not Admit Fault Following an Accident?

You should not admit fault at the accident scene because doing so could jeopardize your right to compensation for injuries from the accident. Following an accident, drivers are often dazed and confused, and you might not have an accurate recollection of exactly what occurred in the moments leading up to your crash.

Who Decides if I was Partially at Fault for a Car Accident?

Importantly, the responding law enforcement officer is not the party who makes the final determination of fault.  Unless you concede liability, the trier of fact – usually a jury – will determine who was at fault for an accident and whether another person likely caused or contributed to that accident. 

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