Who is at Fault For a Rear-End Collision?

A rear-end collision can cause serious injuries. If you or a loved one were harmed in such an accident, you are probably thinking about pursuing compensation. Proving negligence can be difficult on your own, but a Darlington County, South Carolina car accident lawyer can help you determine who was at fault for an accident and hold all liable parties accountable.

Who Usually Gets Blamed in Rear-End Collisions?

In rear-end collisions, the rear driver usually gets the blame. They are the one who usually initiates the accident, and a lead driver can argue that they caused the accident because they were:

• Speeding
• Following too closely
• Not paying attention

However, there are some situations in which the lead driver can be held responsible for at least contributing to the accident. We have seen situations where a lead driver:

• Continuously “brake checks” a rear driver, creating a dangerous situation
• Has brake lights that do not work and cannot warn a rear driver about an impending stop
• Encounters a mechanical problem and does not move over far enough on the road
• Reverses into a rear car

We can help you determine fault whether you were the rear or lead driver in this accident.

Can I Pursue Damages After an Accident?

If you believe that someone else was at fault for this rear-end collision, you can try to pursue damages. Your compensation can help you cover costs like:

• Medical bills
• Lost wages
• Lost earning potential
• Pain and suffering from disfigurement or disability
• Repairs to your car or a replacement vehicle

Who is determined to be at fault can really matter here though. This is because South Carolina uses a system known as modified comparative fault. You can only receive damages if it is determined that you are less than 51% responsible for the accident. Then your potential reward can be reduced if you are found to be partially responsible for this rear-end collision.

Here is an example. A jury thinks that you should be awarded $100,000, but you are 30% at fault for the accident. Because the other driver is only 70% at fault, you get 70% of the award and end up with $70,000.

How Long Do I Have To File Suit?

South Carolina gives residents three years to file a personal injury suit. If you wait too long and this statute of limitations expires, you will not have the chance to pursue compensation. So acting quickly and starting the legal process as soon as you can is in your best interest. It also makes it easier for your lawyer to build a winning case.

Schedule Your Consultation

So if you or a loved one have suffered injuries in a rear-end collision, do not pursue compensation on your own. Contact the James Law Office, LLC and set up a consultation. We would love to tell you more about how our knowledgeable and compassionate car accident lawyers can help you.