Rear-end accidents may seem straightforward, but the reality of determining rear-end accident fault is often far more complex than it appears on the surface.
The general rule is that drivers are responsible for maintaining a safe following distance. In most situations, failing to do so makes you liable for a rear-end collision. But what if the driver in front of you suddenly and unnecessarily slammed on their brakes? Or what if a brake light malfunction prevented you from seeing that they were stopping at all?
An in-depth investigation from a Camden car accident lawyer can reveal the whole story.
Rear-End Collision: Who Is at Fault?
South Carolina operates under a modified comparative negligence system. Under this law, you can only recover damages if you are found to be 50% or less at fault for the accident.
To determine liability, courts and insurance companies assess whether a driver failed to act with the reasonable care that a prudent person would under similar circumstances. In most rear-end collisions, the trailing driver is found negligent for not maintaining a safe following distance or for being distracted.
However, in some cases, other contributing factors may complicate the determination of liability.
When Is a Rear-End Collision Not Your Fault?
While it’s a common belief that the trailing driver is always at fault in a rear-end collision, there are specific scenarios where liability can shift.
1. Lead Driver Suddenly Stops
If the front driver slams on their brakes for no legitimate reason and the trailing driver has no reasonable opportunity to avoid the collision, the front driver may be held partially or fully responsible.
2. Vehicle Malfunctions in Lead Car
If the lead driver’s brake lights are not working properly, it can prevent the trailing driver from receiving the necessary warning that the car ahead is slowing down or stopping. The responsibility for maintaining a safe vehicle falls on all drivers, and a failure to do so can make the front driver partially or fully at fault.
3. Lead Driver Does an Unsafe or Illegal Maneuver
In these situations, the rear driver is not at fault for a momentary lack of attention or following distance, but rather for the dangerous and unpredictable action of the driver in front of them.
Evidence That Helps Prove Rear-End Accident Fault
To successfully challenge the presumption of fault and build a strong case, you need to collect compelling evidence. This includes:
- Police Report: The official report will contain the officer’s initial observations, including statements from both drivers, witness information, and a diagram of the accident scene.
- Photos and Videos: Use your smartphone to take pictures of the vehicles, the accident scene, skid marks, and any road signs. Photos can be invaluable for showing the point of impact and the surrounding conditions.
- Witness Statements: Eyewitnesses can provide an unbiased account of what happened. Be sure to get their contact information.
- Vehicle Damage: The nature and location of the damage to both cars can provide clues about the speed and angle of the collision.
- Medical Records: These documents are crucial for establishing the extent of your injuries and demonstrating the need for compensation.
- Traffic Camera Footage: If the accident occurred in an area with traffic cameras or nearby business surveillance, this footage could be a powerful piece of evidence.
Steps Victims Should Take After a Rear-End Collision
Even if you believe the other driver is at fault, taking these steps is crucial for your safety and for protecting your legal rights:
- Call the Police: Always report the accident, no matter how minor it seems. The police report is a vital document.
- Exchange Information: Get the other driver’s name, contact information, insurance details, and driver’s license number.
- Do Not Admit Rear-End Accident Fault: Be careful what you say to the other driver or their insurance company. A simple “I’m sorry” can be used against you. Stick to the facts.
- Seek Medical Attention: Even if you don’t feel injured, see a doctor. Symptoms of whiplash and other common rear-end accident injuries can appear days after the collision.
- Document Everything: Keep a record of all your medical appointments, communications with insurance companies, and any expenses related to the accident.
- Notify Your Insurance Company: Report the accident promptly, but stick to the facts. Avoid admitting fault or making speculative statements about what caused the collision.
- Consult an Experienced Car Accident Attorney: An attorney can guide you through the claims process, protect you from unfair blame, and ensure you pursue the full compensation you deserve.
How a Car Accident Lawyer Can Help
A lawyer investigates the accident and gathers all necessary evidence to build a strong case. In complex cases, they may even consult with accident reconstruction experts to accurately determine fault.
A lawyer also handles all communication and negotiation with the insurance companies on your behalf. Insurance adjusters are trained to protect the company’s bottom line and may try to pressure you into accepting a lowball settlement.
Your attorney is a skilled negotiator who can counter these tactics, present a compelling case, and fight for a fair settlement that fully compensates you for your losses. If negotiations fail to produce a reasonable offer, an attorney is prepared to represent you in court.
Contact Our Car Accident Attorneys
At Savage, Royall & Sheheen, LLP, we understand how overwhelming a car accident can be. Working with our legal team means you won’t have to handle aggressive insurance adjusters or confusing legal procedures on your own. We will guide you through every step of the process. Our goal is to recover the maximum compensation available for your injuries, lost wages, and pain and suffering.
If you’ve been involved in a rear-end accident, contact us today at 803-432-4391 to schedule a free consultation.