When you get in a rear-end collision, fault depends on who acted negligently. Most people assume that the back driver is always responsible for a rear-end collision. That’s not always true.
Exploring Fault For a Rear-End Collision
Consider the following:
- If a driver brakes suddenly, the vehicle behind them might not stop in time. This might make the driver in front at fault.
- If a motorist tailgates or speeds, they can strike the vehicle in front of them. This would likely make them (not the front driver) at fault.
Each rear-end collision is different. If you suffered harm in one of these crashes, our team can review your situation and identify the at-fault party.
What Causes Rear-End Collisions?
The U.S. General Services Administration reports that human error is the most common cause of all motor vehicle accidents, including rear-end collisions. Contributors include:
- Driver inattention
- Driver inexperience
- Braking suddenly
- Weaving in and out of lanes
- Merging without checking for clearance
- Poor vehicle maintenance
- Drowsy driving
Sometimes, defective vehicles cause rear-end accidents. For instance, defective brakes can prevent a vehicle from coming to a complete stop. Also, inclement weather conditions, like icy roads, can cause rear-end collisions.
What Evidence Can Prove Fault in a Rear-End Collision?
When our team reviews your case, we’ll examine:
Traffic Camera Footage
Many intersections in Georgia and South Carolina have traffic cameras. If a camera captured your collision, we can watch the tapes and determine what happened. We may also utilize dashcam footage and recordings from nearby businesses.
The Police Report
After arriving at the accident scene, a police officer may determine fault. We can request a copy of the police report and review their findings.
Testimony From Accident Reconstruction Specialists
Accident reconstruction specialists use a combination of computer simulations, physics, and 3D models to determine collisions’ causes. We may consult with one of these experts to learn how your accident happened.
The Other Driver’s Cell Phone Records
Distracted driving causes thousands of accidents each year. We may subpoena the other driver’s phone records to establish negligence.
The Vehicles’ Black Box Data
Many modern cars have “black boxes.” These electronic devices measure:
- The force of impact
- How hard you applied the brakes
- The speed you were traveling before the impact
- The throttle’s position
- Whether you were wearing a seat belt
We may consult with mechanics or automotive engineers to learn about what your car’s black box recorded.
We can interview first responders, bystanders, and other passengers to learn more about your accident.
How Do South Carolina and Georgia View Fault?
Both South Carolina and George operate on modified comparative negligence systems. These states measure fault on a scale of zero to 100. You can seek damages as long as you aren’t the primary at-fault party. However, being even partially at fault can reduce your settlement’s value.
Consider this scenario:
- You hit the car in front of you because you were distracted. However, the other driver’s tail lights were burnt out.
- You might be 40 percent at fault and the other driver 60 percent at fault.
- Your damages cost $1 million.
- Under the law, you can seek 60 percent of your losses. This would entitle you to $600,000 in damages.
What Happens After a Rear-End Collision?
After a rear-end collision, you can seek compensation for your injury-related losses. You don’t have to do this alone. Our lawyers can help.
We can pursue compensation by:
Filing an Insurance Claim
Both South Carolina and Georgia require motorists to carry auto insurance. Following your accident, you can file a claim with the at-fault party’s insurer. Here, you can seek recovery for various expenses up to the liable party’s policy limits.
Filing a Lawsuit
Most of the time, we settle injury claims through lawsuits. However, if the insurance company won’t settle, we’ll take your case to trial. While this isn’t easy, if successful, you can recover the full cost of your medical bills, lost income, and pain and suffering.
Our Team Is Ready to Prove Fault For Your Rear-End Collision
Don’t make any assumptions about your case. Even if you’re concerned that you caused the accident, we can uncover the truth. Our law firm can help you by:
- Examining the cause of your accident
- Interviewing witnesses
- Calculating your losses
- Negotiating a settlement
- Filing your claim/lawsuit
- Managing all communications
- Upholding your legal rights
We want to recover compensation for your injury-related expenses. Our law firm works on a contingency-fee basis, so you pay nothing up front for our help.*
Begin Your Free Case Review with George Sink, P.A. Injury Lawyers
Our team can do more than prove fault for your rear-end collision; we can handle everything your case requires, from filing your claim to negotiating a settlement.
Right now, you can start a free case review where you can explore your options. We’re ready to discuss your case’s potential, value, and cause. To reach George Sink, P.A. Injury Lawyers, dial (888) 612-7001.