Who Is Liable in a Rear-End Accident in South Carolina?

Rear-end collisions are all too common, making up more than a quarter of all South Carolina auto accidents. In most cases, the driver in back is responsible – but there are exceptions to this rule.

If you have been involved in a rear-end accident, trust the Columbia car accident lawyers at David Taylor Law. Our team can help determine fault and work with the car insurance company to ensure you receive the compensation you deserve.

Most Common Reasons for a Rear-End Collision

Rear-end collisions here in Richland County are often caused by the following:

  • Speeding
  • Tailgating or following too closely
  • Driving unreasonably slowly (based on the flow of traffic)
  • Braking suddenly
  • Unsafe lane changes
  • Distracted driving
  • Drowsy or fatigued driving
  • Driving under the influence of drugs or alcohol
  • Broken or malfunctioning brake or tail lights
  • Heavy stop-and-go traffic
  • Low visibility/poor weather conditions

Reasons the Driver in the Front Can Be Found Partially or Fully Responsible

The driver in front may be found at fault for a rear-end collision if any of the following apply:

  • The driver reversed suddenly
  • The driver slammed on their brakes unexpectedly
  • The driver fails to use turn signals before stopping suddenly to turn
  • Their brake lights are broken or malfunctioning
  • The driver is operating their vehicle while under the influence
  • The driver changed lanes recklessly, cutting off the driver behind them
  • The vehicle stopped working properly (flat tire, overheated engine, etc) and the driver does not utilize their hazard lights

Reasons the Back Driver May Be Responsible

The back driver may claim car accident liability in the following situations:

  • The driver was following too closing (tailgating)
  • The driver was distracted
  • The driver was operating their vehicle while under the influence
  • The driver was speeding, driving recklessly or violating traffic laws

How to Prove Liability in a Rear-End Collision

While the rear driver is typically responsible for causing a rear-end collision, this is not always the case. As mentioned above, if the driver in front failed to obey the rules of the road, they may be held partially or fully liable.

Because South Carolina observes the “modified comparative negligence” rule, accident victims may be eligible for damages even if they are partly to blame. Liability, in these instances, is divided based on the percentage of fault.

To determine rear-end car accident liability, your law firm in Columbia, SC may ask the following:

  • Were any drivers involved distracted? (using mobile devices, eating, etc)
  • Did aggressive driving play a role? Were any drivers following too closely?
  • Were any traffic laws broken?
  • Were there any witnesses present?
  • Was a police report filed?

Because proving negligence can be tricky, it is important to find a car accident lawyer near you that you can trust – like David Taylor Law! Our team can help you secure the damages you deserve, including compensation for medical bills, vehicle repairs and pain and suffering.

Call David Taylor Law After Your Car Accident!

David Taylor Law is proud to serve Columbia, SC and the surrounding areas. If you have been involved in a rear-end collision, contact our experienced team today to schedule your free consultation.

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