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Detailed Answer

When a driver runs a red light and collides with you in South Carolina, you must prove they were negligent. Under South Carolina law, running a red light violates the traffic–control signal statute and can serve as negligence per se. To hold the at-fault driver liable, you must establish:

1. Negligence Per Se: Violation of the Red-Light Law

South Carolina Code §56-5-970 requires all drivers to obey traffic-control signals. If a driver enters an intersection after the light has turned red, they breach this statute. You can cite the law directly: SC Code §56-5-970.

2. Elements of Ordinary Negligence

1. Duty: Every driver owes a duty to operate a vehicle safely and obey traffic laws.
2. Breach: Running a red light breaches that duty.
3. Causation: You must show this breach directly caused your collision and injuries.
4. Damages: You suffered measurable losses, such as medical bills, vehicle damage, and pain and suffering.

3. Gathering Key Evidence

Strong evidence boosts your case. Consider the following sources:

• Police Report: Provides an official account, including citations for running a red light.
• Traffic Camera or Red-Light Camera Footage: Shows the exact moment the light turned red and the impact.
• Witness Statements: Independent observers can confirm the light was red.
• Photographs and Video: Capture your vehicle’s position, skid marks, damaged light signals, and road conditions.
• Accident Reconstruction Experts: Analyze skid marks, point of impact, and vehicle speeds to recreate the crash.
• Event Data Recorder (EDR): Some vehicles record speed and brake usage just before a collision.

By combining a clear violation of SC Code §56-5-970 with standard negligence elements and solid evidence, you strengthen your claim for damages.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.

Helpful Hints

• Request a certified copy of the police report as soon as possible.
• Preserve all physical evidence, including damaged parts and debris.
• Ask witnesses to provide written statements and contact information.
• Photograph the traffic signal from multiple angles, noting any obstructions.
• Keep a detailed diary of your injuries, medical treatments, and out-of-pocket expenses.
• Consult an attorney experienced in South Carolina traffic-accident claims promptly, as the statute of limitations is three years under SC Code §15-3-530.