Challenges With Gathering Evidence After Fatal Crashes in South Carolina

Evidence can be challenging to locate after fatal crashes in South Carolina. After discovering that your loved one has passed away in a fatal accident, you might be desperate to search for answers. How did the crash occur? Who is to blame? These questions may remain unresolved as authorities continue with their investigations. And of course, you can’t turn to your loved one to hear their side of the story. Can a South Carolina auto accident lawyer help in this situation?

The Victim Is Often a Key Source of Information in Non-Fatal Crashes 

If the victim survives, they often provide crucial information to law enforcement and their lawyers. They might remember exactly what happened leading up to the crash, and they often have a clear idea of who is to blame. They might also take photographs of the crash scene or videotape the aftermath. In the event of a hit-and-run, a victim might spot the license plate of the guilty driver – making it easier for the authorities to track them down.

In the event of a fatal crash, however, all of this information is gone. Families must try to gather evidence without guidance from the victim, who can no longer tell their story. As a result, they must try to piece together the circumstances of the crash without any “inside information.” This can be a challenging task, and it highlights the need for proper legal assistance.

You Can Still Gather Plenty of Evidence on Your Own 

That being said, there might be plenty of evidence worth reviewing in the absence of your loved one’s testimony. One clear example is video footage, which may arise in a number of different ways. First, you might consider dashcam footage from a police car or another vehicle. You might also consider nearby surveillance cameras that might have captured the crash. Witnesses may have videotaped the crash or its aftermath with their phones.

Police often review key documents during their crash scene investigation. This might include Breathalyzer test results, cellphone metadata, and vehicle maintenance records. They might also determine whether the driver was served alcohol by a bar or other establishment prior to the crash, using credit card records or receipts.

How Do I Get Access to Evidence After a Fatal Crash?

You can get access to various records through a legal process called “discovery.” This process occurs before a wrongful death trial, and your lawyers can demand access to video footage, cell phone records, and any other evidence that might be relevant to your case.

Can a South Carolina Auto Accident Lawyer Help Me Gather Evidence? 

The authorities are often very adept at determining the root cause of fatal accidents. However, these investigations may take many months, and you might be desperate for answers. While you wait for the investigation to conclude, you might consider speaking with an experienced auto accident attorney in South Carolina. These lawyers may be able to look into your accident and answer some of your most pertinent questions. To learn more, contact Mickelsen & Dalton, LLC.

Sources 

sccourts.org/resources/judicial-community/court-rules/civil/rule-26/#:~:text=Parties%20may%20obtain%20discovery%20by,and%20mental%20examinations%3B%20and%20requests

scstatehouse.gov/code/t15c051.php