Rear-end collisions are one of the most common types of car accidents that can occur in South Carolina. While most cases are fairly straightforward, some are more complex, and determining liability is not always apparent.
Fortunately, an experienced South Carolina rear-end collision lawyer can review the facts of your case to help determine who should pay for the accident. Many rear-end collisions are caused by tailgating and distracted drivers. If the driver did not provide enough space behind you, they could be liable for crashing into the rear of your car. However, a driver in front of you is just as capable of causing an accident through negligence and can be held accountable for the injuries they cause.
Our South Carolina car accident lawyers can help you hold a negligent driver responsible if you were injured in a rear-end collision. Call Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for a free case review.
Who Pays for a Rear-end Collision in South Carolina?
Rear-end collisions are one of the most common types of car accidents that can happen. In South Carolina, drivers must leave enough space in front of them to give a car ahead enough room to stop, if necessary. If a car follows too closely, there might not be enough distance, or the car is going too fast to stop. However, there are some cases where the car driving in front could be responsible for the rear-end collision.
Drivers Behind Your Car
If you were hit from behind, the driver behind you is most likely responsible for the accident. The most obvious cases are when the accident occurs at a red light or stop sign. In this case, the driver behind you is usually not paying attention and fails to stop before hitting you in the rear.
There are other, more complicated cases, however. If you had good reason to stop and the car behind you followed too closely and hit you, they could be held liable. For instance, if a child runs into the road, causing you to brake suddenly, you could be hit in the rear if another driver was tailgating you. In this case, the driver would be responsible for causing the accident.
Drivers in Front of Your Car
Rear-end collisions involving cars in front of you can be more complicated than those discussed. However, there are several ways that a driver in front of you can cause a rear-end collision. Some drivers stop short of making a turn they are about to miss or change lanes at the last second. If the other driver stopped short unreasonably and caused an accident, they could be held accountable for any injuries.
Brake-checking another driver is a common cause of accidents caused by the driver ahead of you. A driver brake-checks another driver by slamming on their brakes without the need to, making a situation more dangerous. Even if the other driver was tailgating, brake-checking them, and making an accident more likely is not considered a reasonable way of handling the situation. The brake-checking driver could be held liable for their portion of the blame for the accident.
A driver in front of you who causes a rear-end collision while backing up could also be liable for their negligence. These accidents are common in parking lots and residential neighborhoods where drivers might be paying attention to multiple things while driving. If a car backing up is not paying attention or backs out too fast, it can cause an accident with another car coming by.
Multiple Car Cases
Some rear-end collisions involve multiple cars. In some cases, the car that hit you might not be responsible for causing the accident. For example, if you were hit in the rear at a stop light by the car behind you, but the car behind you only hit you because they were rear-ended and propelled forward by another negligent driver, that third driver would most likely be responsible for causing the accident.
This can also occur if you rear-ended another driver because they suddenly stopped short after being cut off by a third driver. Drivers operating under the influence of alcohol or drugs are also responsible for many rear-end accidents involving multiple cars. This shows that rear-end collisions can be much more complex than most people initially believe. Our Columbia car accident lawyers can review the facts of your case to determine how the other driver caused your rear-end collision and help you hold them accountable.
How Do I Get Paid for a Rear-end Collision in South Carolina?
You would have a few options to recover compensation if you were involved in a rear-end collision caused by another driver. While some states only allow you to file for insurance after most car accidents in place of a lawsuit, South Carolina has no such restrictions.
Insurance Claims
One method of recovering compensation for your injuries is by filing an insurance claim. In South Carolina, injured drivers can file a claim with their own insurance or against the at-fault driver’s insurance. Typically, you will file a claim against the at-fault driver’s insurance policy, using yours only if you need to cover additional expenses the other driver’s insurance could not.
However, insurance benefits will only cover economic damages from your accident, like medical expenses and lost wages. You must file a lawsuit to recover non-economic damages, like pain and suffering.
Personal Injury Lawsuits
A lawsuit is a better option if you wish to recover the full range of damages you could be entitled to for a rear-end collision. South Carolina is an at-fault state, meaning that injured drivers can sue an at-fault driver without needing to go through insurance first. A lawsuit can take longer than settlement negotiations with insurance. However, they are usually worth it as a lawsuit can help maximize your potential award and increase the chances of being offered a settlement amount from insurance worth taking. Our Sumter car accident lawyers can help you determine the best options to recover the compensation you are owed.
Our South Carolina Rear end Collision Lawyers Can Help
If you have been injured in a rear-end collision, our South Carolina rear-end collision lawyers can help you by providing a free case evaluation. Contact Burriss Ridgeway Injury Lawyers at (803) 451-4000.
