Detailed Answer
Under South Carolina law, you must establish four elements to prove negligence: duty, breach, causation, and damages. In a collision at a traffic signal or exit ramp, each element relies heavily on objective evidence and applicable traffic statutes.
1. Duty and Breach
Every motorist owes a duty to obey traffic signals and yield signs. SC Code §56-5-970 requires drivers to comply with traffic-control signals and stop at a red light (56-5-970). Similarly, SC Code §56-5-1520 governs right-of-way at intersections and exit ramps (56-5-1520). A failure to stop, slow down, or yield when required demonstrates a breach of duty.
2. Causation
You must link the breach directly to the crash. This requires showing that, but for the other driver’s failure to obey the signal or yield, the collision would not have occurred.
3. Types of Evidence
- Police Crash Report: Obtain the official accident report under SC Code §56-5-2950. It often contains diagrammed fault analysis and witness interviews.
- Photographs and Video: Use smartphone photos, traffic-camera footage, or dash-cam recordings to document signal lights, skid marks, vehicle positions, and road conditions.
- Eyewitness Testimony: Statements from passengers, pedestrians, or other drivers can corroborate signal status and behaviors.
- Event Data Recorder (EDR): Many modern vehicles record speed, brake application, and throttle position immediately before impact.
- Expert Reconstruction: Accident reconstruction specialists can analyze physics, vehicle damage, and roadway geometry to recreate the sequence of events.
- Signal-Timing Records: Municipal or state records can confirm whether the traffic light was functioning properly and its timing sequence at the moment of collision.
4. Damages
Prove that you suffered actual losses—medical bills, property damage, lost wages, or pain and suffering. Keep thorough records of all expenses.
Helpful Hints
- Request a certified copy of the police report early—requests can take weeks under SC Code §56-5-2950.
- Preserve all digital evidence. Back up video and photos immediately after the crash.
- Note traffic-signal locations and signs in your photographs to show compliance or lack thereof.
- Gather contact information for every witness at the scene.
- Consult a traffic-accident reconstructionist before physical evidence is altered.
- Review your medical records and invoices to track damages accurately.
Disclaimer: This article provides general information about South Carolina law and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.