Speeding cases don’t arrive neatly packaged. They come with bent metal, conflicting memories, and skid marks that fade with the next rain. When both drivers were going too fast, South Carolina law does not automatically leave everyone empty-handed. Fault still matters. Responsibility can be measured, split, and proven, but it takes disciplined investigation and a clear understanding of how comparative negligence works here. I have handled plenty of cases where each driver insisted the other was at fault and both were over the limit. The difference between a dismissed claim and a successful recovery often came down to what we documented in the first 48 hours and how we explained it to an adjuster or a jury.
The South Carolina rule that frames everything
South Carolina uses modified comparative negligence with a 51 percent bar. Put simply, you can recover damages as long as you are not more than 50 percent at fault. Your recovery is reduced by your percentage of fault. If a jury finds you 40 percent responsible, you collect 60 percent of your damages. If they find you 51 percent at fault, you collect nothing. This legal backdrop shapes every strategic decision when both drivers were speeding. The core job is to push your share of fault to 50 percent or below by proving how the other driver’s choices mattered more to causing the crash.
Speeding is not a single-note accusation. The posted limit is a baseline, but traffic, weather, sightlines, curves, and surrounding activity all affect the safe speed under South Carolina law. Doing 10 over on a clear highway is different than doing 10 over in a school zone at dismissal time. In case after case, the nuances of location and conditions make or break fault allocations.
Why speed is only one piece of causation
Speed magnifies every other bad decision. It increases stopping distance, reduces reaction time, and raises the force of impact. But speed alone does not tell us who caused a crash. The question the law asks is whether a driver failed to use reasonable care and whether that failure actually caused the collision. If both drivers exceeded the limit, other factors often carry more weight in assigning fault, such as:
- Right-of-way violations, like running a red light or failing to yield during a left turn across oncoming traffic, tend to outweigh equal speeding. Lane discipline errors, including an unsafe lane change or drifting over the center line, can be decisive even if the other driver was also fast. Impairment or distraction raises fault quickly. A driver scrolling at 55 in a 45 often bears more blame than a driver at 53 who was alert and in their lane.
One example from my files involved a two-vehicle crash on a suburban arterial. Both drivers were pacing traffic at about 10 to 12 miles over. The defendant made a left turn across the client’s lane, believing he had a gap. We reconstructed the time-to-collision and showed that even if both were speeding, the turn was made without adequate clearance. The jury split fault at 25 percent to the client and 75 percent to the turning driver, which preserved a substantial recovery.
What convincing evidence looks like when both drivers sped
You cannot win these cases with bare accusations. You need physical and digital facts. The most persuasive packages of proof in South Carolina speeding-on-both-sides cases often include several of the following:
Event data recorder downloads. Most late-model cars store pre-crash speed, braking, throttle position, and seatbelt status for 5 to 10 seconds before impact. That snapshot is gold. If one driver braked hard as soon as danger appeared while the other never let off the gas, that difference matters.
Video from nearby sources. Doorbell cameras, traffic cams, bus dash cams, and store surveillance can capture speed and behavior. Even without a clear speed readout, frame-by-frame analysis combined with known distances gives reliable speed estimates. In busy corridors around Greenville, Columbia, and Charleston, this footage often appears within a block or two of the crash, but you have to move fast to preserve it.
Scene measurements and road evidence. Skid marks, yaw marks, debris fields, and vehicle rest positions tell a physics story. A single drag factor calculation or momentum analysis can shift a fault percentage by double digits. South Carolina Highway Patrol’s Multi-disciplinary Accident Investigation Team reports, when available, carry particular weight.
Independent witnesses. Third-party eyewitnesses, especially those with no connection to either driver, bring credibility. They may not judge speed in miles per hour with precision, but they can describe relative speed, lane changes, and traffic light phases. If they say one car was “flying” and the other “keeping up with traffic,” that’s usable, especially when aligned with other evidence.
Vehicle damage patterns and crush profiles. The way frames bend, the intrusion depth, and the locations of primary and secondary contact help model speeds and angles. Insurance adjusters know these indicators, and juries tend to accept them once the physics are explained in plain English.
Phone and telematics data. Many vehicles link to manufacturer apps that log trips. Some drivers carry usage-based insurance devices from Progressive or Allstate, and many commercial trucks and rideshare vehicles keep detailed telemetry. Phone metadata can show active use at the moment of impact, which can raise fault even when speeds were similar.
The throughline is this: speed is quantitative, so your proof needs numbers. Even rough ranges, when supported by multiple sources, build credibility.
Timelines and preservation: the quiet race after the crash
Speeding evidence decays fast. Skids fade, daytime witnesses disperse, and video overwrites within days, sometimes hours. I treat these cases like a race against the clock. The first 72 hours are critical. If you are physically able, or if a family member can help, gathering what you can early creates leverage:
- Photograph the scene from multiple angles, including long shots that show sightlines and traffic control devices. If you can safely measure, note distances between landmarks. Capture all vehicle photos before repairs or salvage, especially frontal and side crush, wheel and suspension damage, and airbag deployment areas.
Once retained, a car accident lawyer can send preservation letters to businesses for video, request event data recorder downloads, and push your insurer to secure the vehicle before it is sold or scrapped. In a recent Midlands case, a single camera from a car wash across the street saved a claim that an insurer planned to deny. The clip showed a subtle but clear lane encroachment by the other driver moments before impact. Both cars were fast, but the lane drift told the causation story.
How comparative fault gets argued in practice
Adjusters and defense attorneys tend to sort these cases into categories: equal blame, mostly-you, or mostly-them. Your job is to push the matter into the third bucket by building a chain of causation that highlights the other driver’s choices. The argument usually looks something like this:
First, acknowledge speeding. Pretending you were not over the limit when you were breeds distrust. Honest admissions, backed by evidence that you reacted reasonably once risk appeared, often reduce your share of fault.
Second, explain what the other driver did that created the dangerous scenario. Perhaps they cut across lanes without signaling, initiated a left turn with insufficient clearance, or tailgated in heavy traffic. Even at lawful speeds, those moves are negligent. At higher speeds, they are reckless.
Third, connect the dots with physics. Use stopping distance math, time-to-collision estimates, and reaction-time assumptions drawn from accepted research. Show that even at the posted limit, the other driver’s maneuver would have caused a crash or left no reasonable escape.
Finally, anchor credibility with third-party sources: the trooper’s diagram, the event data recorder, and neutral witnesses. Juries and adjusters are persuaded by convergence. When three or four different sources point to the same conclusion, fault percentages shift.
The role of traffic citations and accident reports
People place outsized weight on traffic tickets. In reality, citations are one piece of the puzzle and not determinative of civil liability. Officers often write a general speeding ticket when the facts are hazy or when both drivers contributed. South Carolina’s FR-10 and collision report forms help but are not courtroom verdicts. We use them as a roadmap to find better evidence, not as a final word.
If the officer cited only you for speeding, do not assume your case is over. We have overturned that assumption with event data recorder proof, video, or timing analysis that showed the other driver created the hazard. Likewise, if the other driver alone was cited, keep your expectations realistic. Defense counsel will still chase evidence that you were also fast and argue for shared fault.
car accident lawyer near meIntersections, passing zones, and curves: how location changes the calculus
Not all roads are equal. Intersections, passing zones, and curves generate different fault patterns in two-speeding-driver cases.
Left turns at signalized intersections. The left-turning driver must yield to oncoming traffic unless a green arrow grants the right of way. If both drivers were speeding, the analysis often centers on whether the turning driver had a reasonable gap. If your data shows the oncoming car was moving faster than typical traffic flow, the turn may still be negligent. Many juries place most fault on the turner in these scenarios.
Uncontrolled intersections and rural crossroads. With limited control devices, right-of-way rules and visibility dominate. If brush or buildings limit sightlines, speeding becomes more significant, because it compresses time-to-collision beyond what a prudent driver could manage.
Passing in two-lane zones. When someone attempts a pass near a hillcrest or curve, fault can jump quickly, especially if the pass violates roadway markings. If you were also speeding but remained in your lane, your fault may still be lower.
Curves with advisory speeds. Those yellow advisory plaques matter, particularly on sharper bends. Exceeding the advisory makes it easier for an expert to argue loss of control and yaw marks reflect unreasonable speed, which can elevate fault for the driver who left their lane.
Merging areas and ramps. Accidents in merge zones often hinge on whether a driver maintained lane integrity and adjusted speed to facilitate a safe merge. If both drivers were fast, the one who failed to keep a proper lookout or made abrupt, unnecessary lane changes typically carries more responsibility.
Commercial vehicles and motorcycles: special considerations
Truck and motorcycle cases bring unique dynamics to the same speeding problem.
For commercial trucks, federal and company policies layer on top of traffic laws. Electronic control modules on tractors usually store deep data about speed, sudden deceleration, hard braking events, and sometimes forward-facing video. Because trucks are heavier, even modest speed overages can cause disproportionate harm. Juries often scrutinize professional drivers more closely, expecting stricter adherence to safety rules. A truck accident lawyer knows to move immediately for telematics and driver logs before they cycle out.
Motorcycle crashes frequently include overestimation of the rider’s speed by witnesses, because smaller profiles can look faster. Helmet cams or nearby surveillance often clarify. Lane position, headlight usage during daylight, and bright gear can affect perception and fault allocations. A motorcycle accident lawyer will lean on human factors experts to explain perception-response time and why a driver turning left may misjudge an oncoming bike’s speed.
Medical evidence and damages still matter
Even when fault is messy, robust medical documentation can bring an insurer to the table. The defense may concede a higher share of fault to limit trial risk if the injuries are well-documented and the treatment course looks appropriate. Preserve every medical record and expense, keep a simple symptom diary, and avoid gaps in care that give the other side arguments about causation. A personal injury attorney will also track wage loss and future care needs and link them to functional limitations supported by your providers.
How insurance adjusters approach two-speeding-driver claims
Insurers use internal guidelines that nudge adjusters toward shared fault where both drivers were over the limit. They will look for anything that suggests distraction, fatigue, alcohol, or aggressive behavior. Their first offer often bakes in a high fault percentage assigned to you. The way out is to give them a reason to revise their allocation.
A well-prepared demand letter in these cases tends to include: a succinct narrative with clear time and distance analysis, annotated photos or stills from video, a concise expert statement or preliminary reconstruction, and a damages section that ties medical findings to the mechanics of the crash. When the package shows you can prove the numbers, adjusters recalibrate. I have seen a claimed 60 percent fault against a client drop to 30 percent after we produced event data recorder readings and a map overlay that aligned with a neutral witness’s viewpoint.
When to hire experts, and which ones move the needle
Not every case needs a full reconstruction. But when fault is tight and both drivers were speeding, the right expert can be the difference between a modest offer and a fair settlement. I look for:
Accident reconstructionists with experience testifying in South Carolina courts. They should be comfortable with event data recorder downloads, photogrammetry, and time-distance studies, and they must translate findings into plainspoken testimony.
Human factors specialists in tricky perception-response scenarios. Especially useful when a driver claims they could not have avoided the crash due to a sudden hazard.
Commercial vehicle experts. In truck cases, an expert who understands Federal Motor Carrier Safety Regulations, brake inspection standards, and fleet telematics can uncover company-level negligence on top of driver error.
Medical experts for causation and prognosis. In high-energy impacts where both sides debate speed, orthopedists and biomechanical experts can explain how forces correlate with your injuries, which reinforces the plausibility of your narrative.
Practical steps to strengthen your claim, starting now
Even if the crash happened days ago, you still have control over several key moves that improve your odds.
- Request copies of all police reports and supplemental narratives. Follow up with the investigating officer for clarifications while memories remain fresh. Identify potential video sources within at least a two-block radius in urban areas and along the approach path in rural areas. Ask politely for preservation or involve your attorney to send formal notices.
Keep your statements consistent. If you have already given a statement that acknowledged speeding, do not backtrack. Instead, focus on your lookout, lane discipline, and evasive actions. In South Carolina, credibility matters as much as physics.
Manage your vehicle’s fate. Do not authorize disposal or final repairs until your legal team documents it thoroughly and downloads any crash data. Insurers sometimes push for quick movement to cut storage costs. Insist on brief pauses to preserve evidence.
Mind the statute of limitations. In South Carolina, most personal injury claims must be filed within three years, though claims against government entities have special rules and shorter timelines to notice. Do not assume you have plenty of time. Evidence rarely improves with age.
Choosing representation when both drivers were speeding
If you are vetting a car accident lawyer for a two-speeding-driver case, ask specific questions. How many comparative negligence cases have they tried or settled in the past two years? Do they have quick access to reconstruction experts and event data recorder tools? How fast can they initiate preservation, and do they have a track record obtaining video from reluctant businesses? Credentials are helpful, but speed of action and comfort with numbers are the real differentiators.
Searches for car accident lawyer near me or car accident attorney near me will turn up many options. Look past advertising and dig into real case results and client reviews that mention disputed liability. In heavier cases involving semis or fleets, a truck accident lawyer who knows how to secure telematics can change the trajectory within a week. Motorcyclists should look for a motorcycle accident attorney who understands perception studies and bias against riders. For the most complex injuries and long-term disability, the best car accident lawyer for your situation is the one who can explain physics to a jury and medicine to an adjuster, and keep you grounded through a long process.
What a realistic settlement looks like when blame is shared
Expect reductions for your share of fault, and build your damages accordingly. If your total damages are 200,000 dollars and fault lands at 40 percent against you, the net recovery is 120,000 dollars. Disputes over fault often pair with fights over medical necessity and prior conditions. That is normal. Strong documentation and a straightforward story beat speculation. If an insurer refuses to move off an unrealistic fault split, filing suit and conducting depositions often uncovers details that reset negotiations. I have seen defendants become more conciliatory after their own driver admits in deposition that they “thought they could make the turn” despite limited visibility.
When court is worth it
Trial is not for every case. It is time-consuming and unpredictable, and juries in different South Carolina counties have different temperaments. Still, when the physics are on your side and the insurance company clings to a 60-40 split against you with weak support, a jury can be the right audience. Judges allow reconstruction testimony when properly grounded, and jurors understand basic time and distance. They also respond to fairness. If both drivers sped, yet one created a trap with a risky maneuver, juries tend to assign most of the blame to the trap maker.
Where workers’ compensation intersects with a speeding crash
If you were on the job when the collision happened, workers’ compensation may cover medical care and a portion of lost wages regardless of fault. That claim runs alongside your third-party claim against the at-fault driver. Coordination matters, because a workers compensation lawyer must protect your benefits while your injury attorney pursues the liability case. Expect a lien from workers’ comp on any third-party recovery. A seasoned workers comp attorney can often negotiate that lien to preserve more of your settlement.
Final thoughts for the first week after the crash
Two-speeding-driver cases are winnable in South Carolina. They require speed in gathering evidence, humility in acknowledging your role, and rigor in proving why the other driver’s choices mattered more. If you are hurting and worried about medical bills, talk to an experienced car crash lawyer who has handled comparative negligence before. The right accident attorney will move quickly to lock down event data, locate video, and build a credible, numbers-backed narrative. Whether you hire a personal injury lawyer in Columbia, a car wreck lawyer in Greenville, or seek out the best car accident attorney recommended by a friend, ask the hard questions and expect clear plans. The law allows recovery when your share of fault stays at 50 percent or below. The work in the next few days can decide which side of that line you land on.