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South Carolina Car Accident Q&A: Can I Still Sue If I Was Ticketed?

South Carolina Car Accident Q&A: Can I Still Sue If I Was Ticketed?

| Mar 12, 2013

We often hear from drivers who were injured in a car accident that they don't think they will have a case because they got a ticket. But just because you were ticketed, doesn't mean the officer who investigated your car crash assigned fault to you.

Some tickets don't mean anything to your case

You might have received a ticket for anything ranging from a burned out headlight to failing to wear your seat belt to not having proof of insurance. While those are all serious offences and there are valid reasons South Carolina law enforcement would write you a ticket for them, they don't mean you caused your car crash.

A ticket for a matter unrelated to the cause of your crash will not impact an attorney's ability to craft a valid case for you if your were injured and need to recover damages from the at-fault driver.

Determining fault

When South Carolina law enforcement arrive on the scene and investigate your car accident, they will generally assign fault. After talking with both drivers and witnesses, examining physical evidence and timelines, officers will determine how the accident happened.

Sometimes an accident is determined to be entirely the fault of one of the drivers and unavoidable for the other. But most of the time, fault is assigned in percentages, with one driver being more responsible than the other.

The lower your percentage of fault, the better your chances for a strong case will be. But an attorney can usually build a case for you as long as you are less than 50 percent responsible for the crash.

If you are at fault

Unfortunately, if you are at fault in your car crash (more than 50%) or if the officers who investigated it determined that you were at fault, it could be very difficult to build a legal case against the other driver.

If you believe you were wrongly assigned blame, it doesn't hurt to talk with an attorney and see what your chances are of fighting the decision and recovering damages. We've successfully helped clients who were wrongly accused of being at fault for their accidents, but it's not usually an easy case. It is typically the exception, not the rule.

Talk to an attorney

Contact the knowledgeable and experienced South Carolina auto accident attorneys at George Sink P.A. Injury Lawyers for more information. We offer a free consultation. You will be able to ask questions and come away with a better understanding of your rights and your options.

Categories: Auto Accidents, News
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