Who is at Fault in a Rear End Collision in South Carolina?

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If you have recently been injured in a rear end collision, it is important that you seek to recover damages as a result of the accident. Fortunately, a trusted car accident attorney in South Carolina can shed light on your situation and present the best options available for your case.

But there is one important thing to rule out first. Who is at fault in this type of collision?

In Columbia, South Carolina, the one who has hit the vehicle from behind is generally considered to be the one at fault. This is known as the “automatic fault rule” in rear end accidents. It is most often an indication of negligence when a driver tailgates another since road rules require a safe distance between vehicles.

Are There Exceptions to the Automatic Fault Rule of Rear End Collisions?

South Carolina Rear-End Accident

Although there is what is known to be the “automatic fault rule” in Columbia, SC, there still are cases where the driver of a vehicle that rear ends another is not necessarily at fault.

One of these instances is when the collision took place as a result of defective tail lights. Another case is if the car experiences sudden mechanical issues and fails to move forward in normal traffic. In this event, one cannot hold the other driver responsible for the impact. Lastly, if the rear ending is simply the unavoidable result of a bigger accident, then one driver cannot hold the other routinely at fault.

A car accident attorney in Columbia, SC will take the time to explain in detail the circumstances of every rear end collision case and determine whether you will be eligible for a full recovery or just a partial amount. With the comparative negligence rule operating in South Carolina, you can still apply for recovery even if you are partially at fault as long as your negligence does not exceed that of the other driver.

What Factors Can Lead to a Rear End Collision in Columbia, SC?

From 2013 to 2015, traffic-related deaths in South Carolina have been steadily on the rise. While the number dipped in 2016 at 975 deaths compared to the 979 casualties in 2015, the difference is simply negligible. The number of deaths remains to be at an all-time since 2013 at only 767. Unsurprisingly, the largest number of casualties comes from motor vehicle occupants.

There are several factors that play a role in a rear end collision. Although some have been mentioned earlier, other instances include the following:

  • Distracted driving. This may occur when the driver of the vehicle is distracted due to texting, reading, adjusting the radio, eating, etc.
  • DUI. In worse cases, driving under the influence has been known to lead to road accidents, including rear end car accidents.
  • Heavy traffic. Sometimes, negligent drivers fail to keep a safe distance from other vehicles, leading to a rear end collision. There are instances, however, when the impact is the inadvertent result of bumper-to-bumper traffic.
  • Speeding and/or road rage. Going beyond the speed limits on the road often has detrimental consequences. There have also been reported cases of collisions perpetrated by road rage and clear negligence.

What Should I Do If I Am Involved in a Rear End Accident?

Lawyer for Car Accident Injuries in Columbia, South Carolina

The moments after a car accident can be disorienting, especially if you were hit from behind. After a rear end collision, you can seek out damage recovery for any medical treatment or car repairs needed after the accident. An important step is to seek out a car accident attorney that you can trust.

After a rear end collision in Columbia, South Carolina, you may claim for damages for the following:

  • Vehicle impairments, with the help of a committed auto accident attorney
  • Physical injuries requiring medical attention
  • Emotional strain resulting from the collision
  • Possible losses in wages arising from the accident

With a dedicated car collision attorney by your side, you do not need to go through the experience on your own. With numerous road accidents occurring in South Carolina, what you need is valuable advice that is tailor-made for your specific case.

Talk to a Car Accident Lawyer at Jeffcoat Law Firm for Rear End Collision Cases

No matter what your responsibility is in a rear end collision incident in Columbia, South Carolina, we at The Jeffcoat Firm are willing to sit down and talk with you. At this point, it is crucial for you to examine your options and make sure that you are properly compensated for damages. Working with a car accident lawyer will also help shed light on certain ruling complexities. Send us a message today to get hold of a car accident attorney that you can trust.

 

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