Rear-end collisions are among the most common types of car accidents in the United States. While many of these crashes are low-speed “fender benders” occurring at stop signs or stop lights, a rear-end crash can be serious. According to the National Highway Traffic Safety Administration (NHTSA), about 7.5% of fatal crashes and 27.5% of crashes causing injury involve a rear-end accident. That’s nearly 3,000 deaths and more than 475,000 rear-end-crash injuries each year. More than one million additional reported rear-end collisions result in property damage only.
If you were injured when your vehicle was rear-ended, you may be entitled to compensation. To learn more about your rights and options, you should schedule a free consultation with an experienced Charleston rear-end accident lawyer right away. Though most car accident victims have up to three years to pursue compensation, talking to a lawyer right away can help you protect your rights and preserve your claim.
Why Do Rear-End Accidents Happen?
In simplest terms, most rear-end accidents happen because the following driver doesn’t notice that the vehicle in front of them has slowed or stopped in time to avoid collision. Some common reasons drivers fail to notice and react in time include:
- Distracted driving, such as looking down at their phones in traffic
- Following too close, which doesn’t allow sufficient time and space to brake if the leading vehicle stops unexpectedly or more abruptly than expected
- Speeding, which also reduces the time the following driver has to stop the vehicle or otherwise avoid the collision
Researchers have determined that front crash prevention systems can significantly reduce the risk of rear-end collisions. Automatic emergency braking systems were found to reduce rear-end collisions by 40%, and detection and alert systems without automatic braking reduced rear-end crashes by 23%. The study concluded that if all vehicles were equipped with automatic emergency braking, the number of rear-end collisions could be reduced by about 700,000/year.
The U.S. plans to make automatic emergency braking mandatory for new vehicles starting in 2029. But, that won’t fully solve the problem. Most manufacturers have already voluntarily integrated the technology in new vehicles. The more significant issue is that the average age of vehicles on the road in the U.S. is 12.6 years and climbing. That means a lot of cars and trucks on the road that were manufactured before automatic emergency braking became commonplace.
Liability for Rear-End Accidents
In most rear-end accidents, the driver who hits another car from behind is at least partly responsible. That’s because a driver on South Carolina roads should be allowing sufficient space between them and the car in front of them. If they are maintaining a safe following distance, they will typically have enough time to brake or to otherwise avoid a collision if the car in front of them stops or slows unexpectedly.
Still, other parties may also be partly to blame. That may include the driver who was hit from behind.
Shared Responsibility in Car Accident Cases
In any car accident case, including a rear-end accident case, there may be one, two, or more responsible parties.
Third Party Liability
A third party is one not involved in the accident, but whose actions may have caused or contributed to the crash. Imagine, for example, that cars A, B, and C are traveling in the same direction in the same lane of traffic. The driver of car A suddenly slams on the brakes. The driver of car B slows suddenly to avoid hitting car A. However, the driver of car C is temporarily distracted and fails to brake in time, slamming into the back of car B. The driver of car B is injured.
The driver of car C will generally be held responsible, since they were distracted and failed to take action to avoid the collision. But, it’s possible that the driver of car A will also be found partly responsible, since their action in braking suddenly in traffic started the chain of events that led to the crash.
Drivers A and C may each be partially responsible for compensating the driver of car B for their injuries.How liability is divided is governed by §15-38-15 of the South Carolina Code of Laws.
In this situation, it’s important to identify both responsible parties, as leaving someone out could mean missing out on full compensation.
When the Injured Party is Partly at Fault
South Carolina follows a modified comparative negligence rule when the injured person is alleged to have been partly responsible for the accident that caused their injuries. That means that an accident victim who is partly at fault may still be able to recover damages. However, there are limits.
First, an injured person whose negligence contributed to the accident can only be awarded damages if they were 50% responsible or less. If an injured person is more than half responsible, they can’t recover any damages at all. Next, compensation is reduced by the degree of fault attributable to the injured person. Here’s how this plays out in three different scenarios.
If an injured person suffers $100,000 in damages in a rear-end accident, and:
- Is not found to be responsible at all, they may recover up to the full $100,000 in damages from the responsible party or parties
- Is found to be more than half responsible, they may not recover any damages
- Is found to be 25% responsible, they may recover 75% of their damages ($75,000)–they will be responsible for the remaining 25% that was attributable to their own negligence
Pursuing Damages after a Charleston Rear-End Accident
If you’ve been injured in a rear-end accident, your best resource is a knowledgeable Charleston rear-end accident attorney. Attorney Frank Hartman has dedicated his career to helping injured people get the compensation they deserve. He has thorough knowledge of the substantive and procedural law surrounding South Carolina car accident cases and has extensive experience in the Berkely, Charleston and Dorchester County courts. He also understands how important it is for you to have knowledgeable guidance from the start. So, he offers free, no-obligation consultations to injured people in and around Charleston. To learn more, call 843-300-7600 or fill out our contact form.