How Fault is Determined After an Accident in Conway

Fault in a Conway accident is determined by evidence showing who acted unreasonably and how that conduct caused the injury. After any accident, insurance providers begin evaluating fault almost immediately, seeking ways to apportion blame and reduce their exposure.

If you’ve been hurt in an accident, whether in a collision on U.S. 501 during rush hour, a pedestrian crash near a Coastal Carolina University entrance, or a slip and fall in a busy Conway shopping corridor, talk to our personal injury attorneys at L. Morgan Martin Understanding how fault is actually determined under South Carolina law and how early decisions affect that process can protect your claim before insurers push their own narrative.

How South Carolina’s Shared Fault Rule Works

Under SC’s shared fault rule, you can get compensation only if you are 50% or less at fault for the accident. Any percentage of fault assigned to you reduces your compensation by that amount. That rule gives insurers a strong incentive to argue shared liability, particularly when evidence is incomplete or statements are taken early.

Determining Fault in Conway Car Accidents

In car crashes, fault is typically based on traffic law violations, driver behavior, and physical evidence. For instance, a rear-end collision on Main Street may seem straightforward, but insurers often contend that it resulted from sudden braking or distraction. In intersection crashes near shopping areas or campus entrances, fault disputes frequently involve right-of-way violations, speeding, and reduced visibility.

Fault Issues in Motorcycle and Bicycle Crashes

Motorcyclists and bicyclists face unique challenges. Drivers typically claim they didn’t see them, shifting attention to rider positioning or speed. In bicycle crashes near downtown Conway or along roads without a shoulder, insurers frequently argue that cyclists were too far into the lane or failed to avoid the vehicle. However, motor vehicles are involved in most fatal bicycle crashes, underscoring that rider presence alone doesn’t establish fault.

How Fault is Evaluated in Conway Pedestrian Accidents

Pedestrian accidents raise complex questions about crosswalks, signals, and driver awareness. They frequently occur near parking lots, campus crossings, and multilane roads where drivers fail to yield. Insurers may argue that jaywalking or distraction caused the accident, even when drivers had ample time to stop.

Establishing Fault in Slip and Fall and Premises Liability Cases

Not all injury cases involve vehicles. In slip-and-fall or premises liability cases, fault depends on whether a property owner knew or should have known about a dangerous condition and failed to remedy it. For instance, a fall at a retail store may hinge on how long a spill existed or whether warnings were posted. These cases rely heavily on surveillance footage, maintenance records, and witness accounts.

How a Conway Personal Injury Lawyer Builds Fault Evidence

Because fault is determined mainly on available evidence, a Conway personal injury attorney will start by investigating your accident. That includes preserving video footage, interviewing witnesses early, analyzing crash dynamics, and identifying applicable safety rules.

They likewise manage communication with insurers to prevent your statements from being used to unfairly inflate fault percentages. In shared fault cases, even small shifts in fault allocation can change the outcome entirely.

Getting Legal Help with Fault Disputes in Conway

Addressing fault issues early allows your case to be evaluated on evidence rather than convenience and exaggerated insurer claims. Call 843-248-3177 or reach L. Morgan Martin online to schedule your no-cost consultation and learn how our Conway personal injury attorneys can serve you.