Many people who are injured in car accidents are not prepared for the financial toll and the disruption to their lives. If you were seriously injured, you might be unable to resume work for weeks or months. Even then, you may never be able to do what you used to. Some people must contend with a different life altogether – one where their loved one has passed away.
If you or your loved one was injured or killed because of a rear-end collision, you may be entitled to compensation. It is essential to hold the party/parties responsible for your injuries. You can have a rear-end collisions attorney in North Charleston request that the other party compensate you for the economic and non-economic losses you have suffered due to the accident.
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Rear-end Collisions May Cause Traumatic Injuries
Rear-end collisions happen when a driver hits your vehicle from behind. Sometimes, rear-end collisions may involve several vehicles. Depending on the force of impact, rear-end collisions can result in serious injuries for the front vehicle occupants.
The driver might suffer neck or chest injuries from being thrust into the steering wheel. At the same time, other occupants may be thrown forward, resulting in whiplash injuries.
Some injuries related to rear-end collisions include:
- Neck injuries
- Back and chest injuries
Whiplash can often linger for months or years after a car crash, reducing a victim’s quality of life and ability to work. The severity of injuries and damage from rear-end crashes depend on the at-fault vehicle’s speed before impact. Injury and fatality risk rise at higher speeds, especially to passengers in the back seat or without seat belts.
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How Your Rear-End Collision May Have Occurred
Many rear-end collisions occur because a driver was not paying attention to the road. Some examples of rear-end collision causes include:
- Aggressive or reckless driving
- Tailgating or following too closely
- Texting or talking on the phone while driving
- Driver fatigue
- Heavy stop-and-go traffic jams
Our team of North Charleston rear-end collisions attorneys can investigate your accident to help you determine how it happened and who is liable.
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A Lawyer Can Establish Liability for Your Rear-End Collision
In rear-end collisions, the driver that rear-ends a vehicle is most often held liable for the accident. While the front driver may have performed an action that led to the crash, the back driver will be liable for tailgating. Tailgating is considered negligent behavior according to the law.
With a safe distance between vehicles, you should see what the driver ahead is doing and react accordingly. This is why the back vehicle is often liable for rear-end collisions.
In proving liability for a rear-end car crash, you must establish:
- Duty of care – All drivers owe each other a duty to care for the safety of other road users around them
- Breach of duty of care – The negligent action the driver performed that breached their duty of care
- Cause of the accident – The negligent action directly caused the crash, leading to your injuries
- Your losses were caused by the accident – If the accident did not occur, you would not suffer from financial losses
Our team of rear-end collisions lawyers in North Charleston can further explain the role of liability in your pursuit of compensation after an accident.
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We Can Help You Compile Evidence of Liability
Even though many causes of rear-end accidents are traffic violations, like texting while driving, showing the negligent act alone is not compelling enough to assign liability in South Carolina. You must show how the negligent act led to the crash. We can help you collect evidence and build a compelling case.
If you or your loved one was injured in a rear-end collision, a rear-end collisions lawyer in North Charleston can help you.
How Comparative Negligence Could Pertain to Your Rear-End Collision Case
According to S.C. Ann. Code § 15-38-15, a person who is less than 51% responsible for an accident may receive compensation for damages. This law states that multiple parties can be held liable for an accident. You can bring a suit even if you are partially responsible for the accident.
In rear-end collisions, some circumstances can cause the driver in the lead vehicle to be partially responsible—even when they have been rear-ended. For instance:
- If you have broken brake lights, the vehicle behind you cannot be warned when you brake
- The lead car may indicate that he/ she is turning, but fail to make the turn and instead stop abruptly
- The back vehicle may not have noticed the lead car braking because they stopped around the curve of a bend
- The lead vehicle could have gone into reverse suddenly for no reason
In these cases, the jury/ court will assign your % age of responsibility for the car crash. If you bring a case against multiple defenders, each defendant will pay damages proportional to their degree of responsibility for the crash.
Recoverable Damages That You Could Receive After Your Rear-End Collision
You may be able to bring a claim and receive compensatory damages for your injuries or losses. Damages that you can recover include:
- Medical and rehabilitation expenses
- Lost income/ wages
- Loss of earning capacity
- Physical pain and suffering
- Property damage
- Loss of enjoyment of life, among many others
If you were partially responsible for causing the accident, your damages will be proportionally reduced to your degree of responsibility. This is due to comparative negligence laws.
If you were 20% at fault, for instance, you would receive 80% of the damages awarded. After 51% responsibility, you are barred from recovering any compensation because your actions primarily led to the crash.
George Sink, P.A. Injury Lawyers Wants to Help You Today
If you or your loved one was hurt in a rear-end collision, a North Charleston rear-end collisions attorney can assess the facts of your case and help you explore your legal options. We can represent you in negotiations with the insurance companies or bring a lawsuit on your behalf.
It is critical to consult us soon after your crash, to enable us to collect evidence while it is fresh and give time to build a case before going to court. Contact George Sink, P.A. Injury Lawyers today. We offer all callers a free, confidential, and no-obligation case evaluation.
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