More than one driver can be liable in a multi-vehicle accident. Unlike a two-car collision, these crashes often involve several drivers, making it more difficult to determine who caused the accident. South Carolina follows a fault-based system, so the driver or drivers responsible for the crash are generally responsible for the resulting damages.
At Query Sautter & Uricchio, LLC, we represent clients injured in car accidents in Charleston. If you’ve been involved in a multi-vehicle collision, our car accident attorneys can help you understand how liability is determined and what that may mean for your claim.
How Is Fault Determined in a Multi-Vehicle Accident?
Investigators work to reconstruct what happened before the crash. They look at how each driver was behaving and whether anything else contributed to the collision, such as a vehicle defect, bad weather, or dangerous road conditions.
To do that, they rely on evidence such as police reports, witness statements, photographs, traffic camera footage, and, in some cases, accident reconstruction experts. Insurance companies also conduct their own investigations, and it’s not uncommon for them to disagree about who was at fault.
How Does South Carolina Law Handle Shared Fault?
South Carolina follows a modified comparative negligence rule under S.C. Code Ann. § 15-38-15. This means you can recover compensation as long as you are less than 51% at fault for the accident. If you are 51% or more at fault, you cannot recover damages.
When more than one driver shares responsibility, compensation is reduced by each person’s percentage of fault. For example, if you’re awarded $100,000 but found to be 20% at fault, your recovery would be reduced to $80,000.
In a multi-vehicle accident, fault may be divided among several drivers. As a result, multiple insurance companies may each be responsible for paying a portion of the damages based on their insured’s share of the fault.
What to Do After a Multi-Vehicle Accident
- Call 911 and check for injuries. If anyone is hurt, request emergency medical assistance right away and follow the instructions of first responders.
- Exchange information with every driver involved. In a multi-vehicle collision, be sure to collect insurance and contact information from each driver, not just the one who struck your vehicle.
- Document the scene if you’re able. Take photographs of the vehicles, the roadway, skid marks, traffic signs, and any visible injuries. If there are witnesses, ask for their contact information.
- Be careful when speaking with insurance companies. Don’t discuss fault or give a recorded statement to another driver’s insurance company before speaking with an attorney.
- Contact a personal injury attorney as soon as possible. Multi-vehicle accidents often involve competing claims, and important evidence can disappear quickly.
Speak With a Charleston Personal Injury Attorney
A multi-vehicle accident rarely involves just one investigation. Several insurance companies may be reviewing the same collision at the same time, and each one is focused on its own insured’s responsibility. As a result, liability disputes are often more complicated than they are in a typical two-car accident.
Query Sautter & Uricchio, LLC represents injured clients in Charleston and throughout South Carolina. If you’ve been hurt in a multi-vehicle accident, submit a form or call (843) 795-9500 to discuss your case with a personal injury attorney.