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

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

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If you are involved in a rear-end collision, it can be difficult to know who is at fault. Many people assume that the rear-ended driver is automatically at fault, but this isn’t always the case.

At The Law Offices of Jason E. Taylor, our Rock Hill 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 for a free case evaluation.

Frequency of Rear-End Collisions in Rock Hill, S.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. While there is no data specifically for rear-end car crashes in Rock Hill, according to the South Carolina Department of Motor Vehicles, over 2,000 car accidents occurred in Rock Hill in 2019.

Common Causes of Rear-End Accidents

Several factors can lead to a rear-end collision. Some of the most common causes include:

  • Distracted Driving – When distracted drivers don’t pay attention to the road, they may fail to see that the car in front of them has stopped. This can lead to them hitting the vehicle in front of them if they are not braking in time.
  • Speeding – When a driver is going too fast, they may not have time to stop if the car in front of them suddenly brakes. This can lead to a rear-end collision.
  • Failing to Yield the Right of Way – If a driver does not yield to the car in front of them, they may run into the back of that car if it is stopped.
  • Drunk Driving – Impaired drivers often have slower reaction times, leading to them hitting the car in front of them if they are not braking in time.
  • Tailgating – If a driver follows too closely, they may not have time to stop if the car suddenly brakes. This can lead to a rear-end collision.
  • Poor Weather Conditions – Bad weather can make it difficult for drivers to see and stop in time. This can lead to a rear-end crash.
a rear-end car accident

What to Do After a Rear-End Car Accident in Rock Hill, SC

If you are involved in a rear-end collision, it is important to stay calm and take the following steps:

  1. Check for injuries – If you or any of your passengers are injured, call 911 immediately.
  2. Move your car out of the way if possible – If your vehicle is blocking traffic, move it to the side of the road, but take pictures of the vehicles’ position in the roadway first if safe to do so.
  3. Write down the other driver’s information – If the other driver is willing to exchange information, write down their name, phone number, and insurance information.
  4. Call a Rock Hill Car Accident Lawyer – If you are injured, or the other driver is not willing to exchange information, call The Law Offices of Jason E. Taylor. We will help you get the compensation you deserve.

Common Rear-End Collision Injuries

If you are involved in a rear-end collision, you may suffer from several injuries, including:

  • Whiplash – Whiplash is one of the most common injuries suffered in car accidents. It occurs when the head and neck are whipped forward and then back again. This can lead to pain, stiffness, and headaches.
  • Back and neck injuries – Back and neck injuries can be very serious and may require surgery. They can lead to pain, stiffness, and a limited range of motion.
  • Brain injuries – A brain injury can be a life-altering event. It can lead to cognitive problems, paralysis, and even death.

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.

To determine who is at fault, your Rock Hill car accident lawyer will look at the following factors:

  • The distance between the cars
  • The speed of the cars
  • The condition of the road
  • The weather conditions
  • Whether either driver was distracted or not

If you are involved in a rear-end collision, it is important to contact The Law Offices of Jason E. Taylor. We will help you get the compensation you deserve.

a person reaching for their phone in a car

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

There are a few instances when the driver in front may be at fault for a rear-end collision. These include:

  • Failing to brake in time – If the car in front of you is not braking in time, you may hit them if you are going too fast or following too closely as you may not be able to adequately appreciate the traffic in front of you due to obscured vision.
  • Distracted driving – If the driver in front is distracted and not paying attention to the road, they may not brake in time, and you may hit them.
  • Illegal passing – If the driver in front is trying to pass another car and they don’t yield to the cars behind them, they may run into the back of that car if it is stopped or try to squeeze into an insufficient space.
  • Drunk driving – If the driver in front is impaired, either to alcohol or drugs, they may not be able to brake in time, and you may hit them.

South Carolina’s Modified Comparative Negligence Law

Comparative negligence is a legal doctrine that assigns blame for an accident to both parties involved. If the driver who hit you from behind or you hit someone from behind and the other driver is determined to be 50% or more at fault, you can still recover damages.

However, if you are found to be 51% at fault, the other driver will likely not be held liable for your damages.

This is why it is important to contact a car accident lawyer as soon as possible after a rear-end collision. They will be able to help you determine who is at fault and help you get the compensation you deserve.

a rear-end car accident with two people discussing in the background

How to Prove Fault in a Rear-End Collision in Rock Hill

If you are involved in a rear-end collision, it can be difficult to prove who is at fault. This is why it is important to contact a car accident attorney as soon as possible. They will be able to help you gather evidence and build a case against the other driver.

If you are at fault in a rear-end collision, you may be liable for the other driver’s injuries and damages.

Recover Compensation in a Rear-End Accident Claim

If you are injured in a rear-end collision, you may be able to recover compensation for your injuries and damages. This can include medical bills, lost wages, pain and suffering, and property damage.

Statute of Limitations for Rear-End Car Accidents in Rock Hill, South Carolina?

The statute of limitations for a personal injury claim in South Carolina is generally three years. This means that you have three years from the date of the accident to either settle your claim or file a lawsuit against the responsible parties to preserve the statute. If you miss this deadline, you may lose your right to sue. That is why it’s imperative to talk to your attorney about the statute of limitations in your particular case early on. 

What are Some Tips for Avoiding Rear-End Collisions in Rock Hill?

There are a few things that you can do to help avoid getting into a rear-end collision:

  • Leave plenty of space between your car and the car in front of you
  • Be aware of your surroundings and pay attention to the vehicles around you
  • Don’t text or use your phone while driving
  • Don’t drive too fast
  • Yield to other drivers when appropriate

Contact a Rock Hill 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.

Our auto accident attorneys have experience with all personal injury cases, including rear-end 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.

1348 Ebenezer Rd #103
Rock Hill, SC 29732

Phone: (803) 328-0898
Toll Free: (800) 351-3008

 

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Phone: (803) 328-0898
Toll Free: (800) 351-3008

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