Can I Be Liable for Car Damage Without Proof?

With more than six million collisions occurring each year, many of these result in vehicle damage. The extent of damage and the cost of labor and parts will dictate the impact on your bank account. Even with proof of damage and other losses, you cannot be held liable if the other driver cannot prove the degree to which you caused the crash.

At Oxner and Stacy, we understand your top priority is healing from the accident, not navigating legal battles. That is why our team of legal professionals is committed to advocating for your interests during rough times. In this blog, our car accident lawyers in Georgetown, SC, discuss forms of evidence that can demonstrate liability in a collision, even if there seems to be no proof on the surface.

Video Surveillance and/or Photographs

Video footage of the accident may be derived from a dashcam, surveillance camera, or cell phone. A video will show the accident evolving in real-time, clarifying any confusion regarding the speed of the vehicles involved, the angle of impact, or traffic conditions. Instead of video footage, any photographs of the vehicle wreckage, identifying landmarks, or cross-streets can provide much-needed information to an accident reconstructionist in their attempts to recreate the crash.

Eyewitness Testimony

Even in the absence of physical evidence, there may have been a bystander who saw the crash unfold. A credible eyewitness can describe how an accident occurred and the extent of the damage. An eyewitness can provide powerful testimony, giving an unbiased perspective on what they saw and heard in the moments leading up to and during the collision. However, establishing the witness’s credibility is key to supporting your claim. A witness who provides clear and succinct testimony will be more believable than a person who provides elaborate descriptions of minute details.

Police Report

The state of South Carolina requires you to call law enforcement if anyone was killed, injured, or if there is more than $1,000 in property damage in an accident. The officer who arrives on the scene will take down the location/date/time of the collision, the names of the drivers involved, traffic conditions, weather conditions, a description of the accident, and who the police officer believes is at fault. Under SC Code §56-5-1270, the investigating police officer must forward a written report of the incident within 24 hours of completion to the South Carolina Department of Motor Vehicles (SCDMV).

A collision report is typically requested by the insurance company when submitting a claim. However, you will be responsible for self-reporting the accident if no police officer arrives on the scene. South Carolina law requires that an accident be reported to the closest police station as soon as possible, but no later than 15 days after the incident.

Circumstantial Evidence

Unlike evidence that directly proves a fact (direct evidence), circumstantial evidence can be used to infer a fact. Circumstantial evidence is often used in the law when direct evidence is lacking. While eyewitness testimony stating that one of the drivers ran a red light is direct evidence, circumstantial evidence may involve a GPS pinpointing you at the exact location during the time of the accident.

Circumstantial evidence is no weaker than direct evidence, especially when combined with other information. When you hire the legal team at Oxner and Stacy, you can rest easily knowing that we will examine all available evidence to piece together what occurred.

Contact a Georgetown Car Accident Attorney Today

Car accidents are one of the most common causes of disability in the United States. Even if your crash only resulted in vehicle damage, you still want to hire representation that can negate or reduce your liability. At Oxner and Stacy, our team of professionals has been helping individuals outside the courtroom for over 30 years and is ready to put their knowledge to work for you. To arrange your consultation with one of our Georgetown car accident lawyers, feel free to contact us online or by calling (843) 983-2352 today.