Charleston Rear-End Accident Lawyer
A rear-end collision can be serious and life-threatening depending on the speed of the rear vehicle. Common injuries associated with rear-end collisions include whiplash, concussion, broken bones, and even brain traumas. If you or a loved one has recently been injured in a rear-end collision in Charleston, contact the personal injury lawyers at the Max Sparwasser Law Firm, LLC for a free case evaluation. You could secure reimbursement of your past and future medical bills, property damages, lost wages, and more with our help.
Who is at Fault for a Rear-End Collision in Charleston?
In general, a rear-end collision will be the fault of the driver in the back that collides with the driver in front. This is because it is the responsibility of all drivers to leave an adequate following distance between their cars and the vehicles in front of them. South Carolina’s laws mandate that no driver should follow more closely than is “reasonable and prudent according to the speeds of both vehicles and condition of the highway.” State laws also state that vehicles must drive at speeds that are reasonable for conditions; not necessarily as high as the speed posted on speed limit signs.
Speeding and following too closely are the main causes of rear-end collisions. Courts will generally find the rear vehicle at fault for this type of collision. Whether the front driver’s stop was expected or unexpected it is the following driver’s duty to maintain safe following distance. If conditions such as fog or heavy rain make it difficult to see the vehicle in front, it is the following driver’s duty to drive slowly enough to account for sudden and unexpected stops.
South Carolina’s modified comparative negligence law might come into play in rear-end collision lawsuits. It is possible that the defendant might allege that you were partial to blame for breaking a roadway rule or making an improper lane change, for example. As long as the plaintiff is less than 51% at fault for the rear-end collision he or she will still qualify for compensation. The courts will reduce the compensation award by the plaintiff’s percentage of fault. It’s important to have a good Charleston rear-end accident attorney representing you to minimize your percentage of fault.
Learn other South Carolina car accident and insurance laws by reaching out to a car crash attorney.
How to Prove Another Driver’s Negligence
Since South Carolina abides by a “fault” state system, car accident victims must prove the other driver’s fault to recover compensation for their injuries in a personal injury claim. Proving negligence after a rear-end collision might require a police investigation, analyzing photographs of the crash scene, interviewing eyewitnesses, and/or hiring an expert to testify on the plaintiff’s behalf. You gain access to all of these things when you choose to retain the Max Sparwasser Law Firm, LLC.
In most rear-end collision cases police officers and insurance claims analysts will place blame on the driver in the back; likely for tailgating, speeding, or distracted driving. Thus, it will be the other driver’s insurance company that pays for your damages. After a rear-end collision, collect as much evidence and information about your crash as possible. Seek immediate medical attention for your injuries. If you don’t feel injured go to the hospital anyway. Soft tissue injuries, such as whiplash, can have delayed symptoms. Spinal injuries can also have delayed symptoms.
Many rear-end collision injuries result in long-term or lifelong effects, such as chronic pain or paralysis. You might be eligible for a sizable award for the cost of long-term disability and lost wages. An insurance company will likely try to get you to settle for much less than your claim is actually worth.
Before you say yes to an insurance settlement offer, talk to a Charleston rear-end accident lawyers about the true value of your case. Call the Max Sparwasser Law Firm, LLC at (843) 864-6444 to speak to one of our rear-end collision attorneys today.
The Max Sparwasser Law Firm, LLC, is also very experienced in cases that involve other types of motor vehicle collisions. Speak to truck collision attorney, bus collision lawyer, or DUI accident attorney now.