When you’re in an accident that isn’t your fault, it can result in long-term, life-altering injuries. In some cases, such as rear-end collisions, you may even wonder who is at fault and if you can get compensation. Continue reading to learn how to determine who is at fault in a rear-end collision in Charleston, and find out why having an experienced Charleston car accident lawyer on your side is vital.
South Carolina’s Rules for Rear-End Collisions
In South Carolina, as with most states, when someone is involved in a rear-end collision, the rear car is almost always found to be at fault. This is because the basic rules of the road hold that you must leave enough space between you and the driver in front of you to safely stop your vehicle in an emergency situation, such as the car in front braking suddenly. If you’ve been hit from behind, it’s usually the other driver’s fault.
In rare cases, there can be exceptions to this rule. While it’s not impossible to win your case, you will have the difficult task of proving negligence on the part of the other (front) driver. If you have struck another driver from behind and believe it wasn’t your fault, you will need the help of a car accident attorney to help prove your case.
Proving Negligence in an Accident
Negligence is the core factor in almost every personal injury case, auto accidents included. Negligence means that one or more parties involved in an accident behaved in a way that a reasonable person would not. This is known as the “reasonable person standard.” To demonstrate negligence, you essentially need to demonstrate three factors.
- The other driver acted in an irresponsible manner and in violation of the standard duty of care. Every driver has the duty to behave safely and responsibly so as not to place others in danger while on the road.
- The other driver’s irresponsible actions or decisions led to the accident in which you were involved.
- Your injuries occurred as a direct result of the accident.
Proving the driver in front is at fault in a rear-end collision can be tricky. You have to prove they either deliberately baited you into the accident or they somehow behaved in such a way you couldn’t avoid them.
South Carolina Comparative Negligence
South Carolina uses a “shared fault” model to determine responsibility in an accident. This means if you bear any responsibility in the accident, your compensation will be reduced by the percentage of fault you share. If your responsibility is more than 50%, you will be unable to recover for your damages.
Because of this, it is essential you seek help from a qualified attorney to get compensated for your medical bills, pain and suffering, lost wages, and other damages. That’s where the Thumbs Up Guys come in.
Charleston Car Accident Attorneys
The Thumbs Up Guys have represented people just like you for many years. If you’ve been in a rear-end accident in Charleston, North Charleston, or the surrounding areas, contact the Thumbs Up Guys at 843-885-8000 or fill out our free online contact form today.