Police Found Me at Fault After a Car Wreck. Do I Still Have a Case?

In the aftermath of a motor vehicle wreck, there are many reasons that enlisting the help of an auto accident attorney is essential. When multi-ton vehicles collide—especially at high speeds—the situation can quickly turn catastrophic, leading to permanently disabling or even fatal injuries. Afterward, individuals can face expensive medical bills and long roads to recovery, and all too often find their insurance company entirely uncooperative at the same time. 

In some cases, police may determine that the injured person is partially, or even fully, to blame for the wreck. The police often get these things right, but not always. There are a number of reasons law enforcement may reach the wrong conclusion about who caused or contributed to a crash, all of which are understandable given the constraints on their time and resources. They need to make sure everyone is safe, clear the roadway, and move on to the next thing. For instance, one party may be incapacitated or even deceased, and therefore unable to give their “side of the story” to the police.  Perhaps the officer concludes the investigation without interviewing a key witness, or overlooks critical physical evidence at the scene, like skid marks and roadway gouges.  

If you are in a situation where you are seriously injured and found by police to be at fault for a collision which you don’t believe you totally or even partially caused, it’s even more vital you seek legal representation. On multiple occasions, Yarborough Applegate attorneys have helped clients who law enforcement initially ticketed uncover the truth and secure compensation for their injuries. In one instance, our client had even causally admitted fault at the scene, but through forensic reconstruction and the discovery of yet-to-be-interviewed witnesses, we were able to overcome the statement and demonstrate that there was more to the story.

Simply put, we don’t take anyone else’s word for it. As with every case, we knew that each of these could have a deeper truth to uncover. And so we investigated, litigated, and disproved initial findings—to recover all money available for each of our clients. 

$2.17 MILLION SETTLEMENT SECURED IN SUV ACCIDENT RESULTING IN DEATH

In May 2023, a tractor-trailer driver for G.C. Hauling dropped a trailer in the roadway for Ponds Construction to load a piece of heavy equipment. No warning devices were placed behind the trailer. As a woman driving a small SUV approached, she collided with the rear of the trailer. Tragically, she died from her injuries. 

Law enforcement found her solely at fault for the collision and described the trailer as simply being “legally parked.” We took on the case on behalf of the deceased and her family, and in litigation, established that the trucking company violated a fundamental rule in the trucking industry: no blocking travel lanes. 

While in deposition, the tractor-trailer driver claimed to have no concept of the safety rules. But at the same time, admitted to blocking the victim’s lane of travel, dropping her trailer in a curve, that she did not put out any warning devices, and that she did not walk the area to determine a safer place to drop the trailer than in the middle of the road. She also said she expected drivers approaching the blocked lane to drive into oncoming traffic in order to go around her trailer.

We argued that in doing all this, the tractor-trailer driver either knew of the danger this situation posed and chose to proceed anyway, or did not have any appreciation of the danger. Either way, it speaks volumes to her ineptitude as a commercial truck driver.  The case was resolved after 100% of all available first- and third-party insurance policy limits were paid.

FORENSIC RECONSTRUCTION OVERCOMES ON-SCENE ADMISSION OF FAULT, LEADS TO $1 MILLION SETTLEMENT

In August 2022, a 26-year-old motorcyclist was on a country road outside Spartanburg, traveling directly behind a semi-truck that was towing another, rear-facing tractor. As the truck approached an intersection with a left-turn-only lane and a straight righthand lane, the truck driver began to swing wide to his left. The motorcyclist continued in the straight lane and began to pass the truck on its right. However, the truck then started to turn right onto the cross street, causing the motorcyclist to collide with the truck’s right front wheel fender, shattering the motorcyclist’s left foot. 

At the scene and in the heat of the moment, the motorcyclist told the investigating trooper from the South Carolina Highway Patrol, “It’s my fault, I thought the truck was turning left.”  The trooper put the motorcyclist 100% at-fault for the crash on his report.  As a result, the trucking company’s insurer denied all liability pre-suit. 

We filed suit against the truck driver and trucking company and litigated the case in federal court in South Carolina. Extensive discovery, depositions of witnesses, and expert forensic analysis followed.

As we investigated the facts of the case, we also found two eyewitnesses who were not interviewed by the investigating officer. Both corroborated our client’s account that the truck was fully in the left-turn-only lane before suddenly swinging to make a right turn. 

Additionally, using detailed measurements of the truck and roadway markings, overhead drone footage of the truck’s turning radius, and a complete crash reconstruction, an engineering expert was able to show that the truck driver could have easily completed his right turn without any part of his vehicle entering the left-turn-only lane. We also used videos and written materials from authoritative industry sources like the Uniform CDL Manual and J.J. Keller to establish that swinging wide to the left before making a right turn is a known, dangerous maneuver in the trucking industry because of its potential to confuse following motorists.

We secured a $1 million settlement for our client, the limits of the defendants’ insurance coverage.

TRACTOR-TRAILER U-TURN ACROSS DIVIDED HIGHWAY RESULTS IN $1.79 MILLION SETTLEMENT

In 2019, our client was driving behind a tractor-trailer when the tractor-trailer began to make a U-turn in the middle of the 60 mph four-lane highway.  Our client slammed into the rear of the rig and suffered bilateral femur fractures and a fracture to his arm from the crash. 

The trucking company defendants denied responsibility for the crash and argued that full fault was on our client for rear-ending the tractor-trailer. They said the tractor-trailer driver was not making a U-turn, but performing a safe and legal “turnaround” maneuver—and at the same time, argued that U-turns are perfectly safe for tractor trailers to perform. This argument was in direct contradiction to a position taken by the tractor-trailer industry, as well as their own industry expert. 

Law enforcement ticketed our client, and the defense contended he was distracted and talking on a cell phone when the crash happened. The defense also argued that the tractor trailer was easy to see because on the clear, sunny day and flat, straight road, as another driver closer to the tractor-trailer was able to avoid it. 

We ultimately reached a settlement with the trucking company for $1.79 million.