Your recent rear-end car accident in Kingstree could entitle you to file a claim for compensation for your related injuries. The availability of monetary damages in these cases often depends on the cause of the accident and the conduct of the drivers involved. Equally important are the severity of your injuries and their impact on your life. At Whetstone Perkins & Fulda we help people who are injured in rear-end car accidents understand their rights in these scenarios and could serve as an advocate in South Carolina’s justice system. Learn more about how our attorneys could help you and your family by calling today.
Causes and Locations of Rear-End Car Accidents
The primary cause of most rear-end collisions is the inattentive driving of the person in the rearmost vehicle who fails to adjust to the speed or state of the vehicle in front of them. Rear-end accidents can occur throughout any of Kingstree’s local streets and larger roadways, including Interstate 52 and highways 527, 261, or 377. Beyond the inattentive driving of the person in the behind vehicle, the following factors could further contribute to the cause of a rear-end car accident:
- Faulty brakes
- Tailgating
- Distracted driving
- Driving under the influence
- Broken taillights or brake lights on the vehicle in front
These factors could work in isolation or together to create the actual and proximate cause(s) of the collision. An attorney from Whetstone Perkins & Fulda could review the details of a crash to determine the cause and who should be held liable for the damages.
Is the Rear Driver Always At-Fault?
In many cases, the rear driver will have at least partial fault for the cause of the accident assuming their vehicle was responsible for the initial contact. However, the driver in the front vehicle could be responsible in certain situations such as stopping short or backing into a vehicle.
The allocation of fault will ultimately depend on the presence of factors that could mitigate one driver’s fault while increasing the other driver’s liability. For example, when a car’s brake lights are broken, it limits the notice given to tailing drivers and severely reduces their ability to brake in time. Chain-reaction rear-end accidents provide another example where a driver other than the rearmost motorist could be at fault.
You can still recover compensation for damages in a rear-end car accident with shared fault in Kingstree pursuant to South Carolina’s contributory negligence rule. However, you must have less than 51 percent of the overall fault for the accident and your recoverable damages will reduce in value based on your percentage of fault.
What to Do After a Rear-End Car Accident?
The first step after a rear-end car collision in Kingstree is to find safety and contact the police, so they can file a formal report of the incident. Following this step, get the contact and insurance information of the other drivers. Take photos of the car accident scene and gather other information about the events leading up to the collision if you are able such as driver behaviors, road conditions, vehicle issues, etc. Shortly after the accident, you should also seek proper medical evaluation and treatment for any injuries you have and contact an attorney to determine whether you could have a viable claim for compensation.
Let a Kingstree Rear-End Car Accident Attorney Help
A meeting with our team could be helpful in further evaluating your legal rights following a rear-end collision. We could provide estimations of available damages for your medical costs, lost earnings, and other non-economic losses. We could also advise on important legal issues related to your case, including the filing deadline under South Carolina’s three-year statute of limitations as well as the application of contributory negligence. Meet with an attorney at Whetstone Perkins & Fulda after a rear-end car accident in Kingstree by contacting us today.
