Who Is At-Fault In A Rear-End Collision In Charlotte, NC?

Who is At-Fault in a Rear-End Collision in Rock Hill, SC?

A rear-end collision occurs when one car hits the back of another vehicle. Rear-end collisions are usually caused by drivers following too closely or not paying attention to the road.

If you were injured in a rear-end accident, it could be challenging to determine who the at-fault driver is. Many people assume that the driver who hit them from behind is automatically at fault, but this is not always the case.

At The Law Offices of Jason E. Taylor, our Charlotte car accident lawyers have years of experience helping car accident victims get the compensation they deserve. If you have questions about who is at fault in a rear-end crash, contact us today for a free consultation.

Frequency of Rear-End Collisions in Charlotte, N.C.

The National Highway Traffic Safety Administration states that rear-end collisions account for around 29% of car accidents that involve severe injuries or fatalities.

Common Causes of Rear-End Accidents

Many different factors can contribute to a rear-end collision, but some of the most common causes include:

  • Distracted Driving – Distracted driving is one of the leading causes of car accidents in general, and rear-end collisions are no exception. According to the Annual Traffic Safety Report, in 2016, distracted driving accounted for 28.1% of the total car crashes in Charlotte. Distracted driving can include talking on the phone to eating and drinking while behind the wheel.
  • Speeding – Speeding is another major factor that can contribute to rear-end collisions. When drivers are going over the speed limit, they have less time to react to the car in front of them if they need to stop suddenly.
  • Tailgating – Tailgating, or following too closely behind another car, is also a major cause of rear-end collisions. When the driver in front of you has to brake suddenly and you’re tailgating them, you won’t have enough time to stop yourself in time. Tailgating was the cause of 4.3% of car crashes in Charlotte in 2016.
  • Poor Road Conditions – Such as potholes can also cause rear-end collisions. For example, if a driver hits a pothole and has to brake suddenly, the car behind them may not have enough time to stop in time and could end up rear-ending them.
  • Mechanical Issues – If either car involved in the accident has mechanical issues, such as brake problems, it can lead to a rear-end collision.

What to Do After a Rear-End Car Accident in Charlotte

If you’ve been involved in a rear-end collision, the first thing you should do is seek medical attention, even if you don’t think you’re injured. Sometimes injuries from car accidents don’t show up right away, so it’s always better to be safe than sorry. Once you’ve seen a doctor, you should contact an attorney.

The Law Offices of Jason E. Taylor attorneys have years of experience dealing with car accidents and can help you determine who is at fault in your collision. We offer free consultations to discuss your case with an experienced lawyer and find out what your options are.

Common Rear-End Collision Injuries

Rear-end collisions can cause various injuries, some of which may not show up right away. Some common injuries that rear-end collisions can cause include:

  • Whiplash – Whiplash is one of the most common injuries caused by car accidents. It occurs when the head and neck are suddenly jerked forward and back again.
  • Concussions – Concussions are also common injuries caused by a rear-end crash. A concussion is a mild traumatic brain injury that occurs when the brain is hit or shaken hard enough to cause it to bounce around inside the skull.
  • Back injuries – Back injuries are another common injury caused by car accidents. Back injuries can range from mild to severe, and in some cases, they can even be permanent.
  • Neck injuries – Neck injuries are also common in car accidents, especially rear-end collisions. Neck injuries can range from mild to severe and sometimes lead to long-term problems.

If you’ve been injured in a rear-end collision, contact an experienced attorney today.

Determining Fault in Rear-End Collision Cases

In most cases, the driver who rear-ends the car in front is at fault for the collision. This is because they usually didn’t have enough time to stop and hit the car in front of them. However, there are a few exceptions to this rule.

When the Lead Driver is At-Fault in a Rear-End Collision

There are times when the driver who is in front may be at fault for the rear-end collision. This usually happens when the driver in front was driving recklessly or caused the accident on purpose.

For example, If the lead car stopped suddenly for no reason, the driver who rear-ended them may not be at fault. If the vehicle in front was driving erratically or swerving in and out of lanes, the driver who hit them from behind might not be at fault either. In these cases, the driver who hit them from behind may file a claim against the driver in front.

Contributory Negligence in North Carolina

In North Carolina, a doctrine called contributory negligence is used in car accident cases. This doctrine says that if the victim of an accident was even partially at fault for the collision, they may not recover any compensation from the other driver.

For example, if the lead driver was stopped at a red light and the rear driver didn’t see the light change, the rear driver would be considered contributorily negligent because they weren’t following the rules of the road. The rear driver would then not be able to recover compensation for their damages.

How to Prove Fault in a Rear-End Collision

To prove that the driver who hit them from behind was at fault for the collision, the accident victim will need to provide evidence. This evidence can include:

  • Photographs of the accident scene
  • Police reports
  • Witness statements
  • Medical records

If you’ve been injured in a rear-end collision, contact an experienced personal injury lawyer at The Law Offices of Jason E. Taylor. We can help you gather the evidence you need to prove fault and get the compensation you deserve.

Recover Compensation in a Rear-End Accident Claim

If you’ve been injured in a rear-end collision, you may be able to recover compensation for your damages. This compensation can include:

  • Medical bills
  • Lost wages
  • Pain and suffering

Statute of Limitations for Rear-End Car Accidents in Charlotte, North Carolina?

In North Carolina, you have three years from the date of the accident to file a personal injury claim. If you don’t file your claim within this time frame, you will be barred from recovering any compensation for your injuries.

Contact a Charlotte Car Accident Attorney Today

If you have been injured in a rear-end accident due to someone else’s negligence or recklessness, you deserve fair compensation for your injuries.

Our auto accident attorneys have experience with all personal injury cases, including car accidents. We are not afraid to take on insurance companies to help you obtain fair compensation. We value the attorney-client relationship and will work tirelessly to protect your rights.

Contact The Law Offices of Jason E. Taylor today for your free initial consultation and learn more about what we can do to help you. We will answer your questions and explain all of your legal options.

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