In many rear-end car accidents, the driver of the vehicle that strikes another from behind is at fault. But that's not always the case. Sometimes, another person, business, or entity deserves at least some or all of the blame. Every rear-end crash differs, and multiple parties can face liability depending on the circumstances.
Determining who is at fault in a rear-end accident is complex and depends on various factors. If you sustained injuries in a rear-end collision someone else caused--whether you were the lead driver or the driver of the car that was rear-ended--you need to understand how lawyers, insurance companies, and the courts determine fault. For specific advice about your situation, reach out to an experienced car accident attorney near you immediately for a no-cost consultation and learn how they can help you get the compensation you need after a rear-end crash.
Why Does Fault Matter in a Rear-End Collision?
Rear-end collisions are the most common type of accident in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), they make up 29 percent of all crashes.
Many people think of rear-end collisions as minor accidents--fender benders that, perhaps, damage a bumper or cause mild aches and pains. Although that's true of some rear-end collisions, many inflict significant damage and severe, even fatal, injuries.
In most states, victims of rear-end accidents have the legal right to claim compensation from the party or parties at fault for their injuries. In some states, injured victims can get their first and last dollar of compensation from an at-fault party. In others, they can only pursue an at-fault party for payment after receiving the maximum available compensation from their no-fault insurance policy.
Regardless of which rules apply in your state, the party or parties at fault for a rear-end crash almost always face potential legal liability for a crash victim's losses.
What Does Fault Mean?
Generally speaking, the term "fault" refers to who bears responsibility for an undesired outcome. That's typically how lawyers and insurance companies use it, too, but only when the facts of a situation meet specific criteria.
Someone is legally at fault for an accident or incident only if:
- They had a recognized duty not to put others in harm's way
- Their unreasonably dangerous decisions, actions, or failures to act violated that duty and caused a harmful accident or incident
- As a result, someone else suffered physical, emotional, or financial injuries
By law, a person who meets those criteria will owe monetary damages to the rear-end accident's injured victims.
What Parties Bear Fault for a Rear-End Accident?
Numerous individuals, businesses, or entities could be at fault for a rear-end accident. In some crashes, the fault falls on just one party. But in others, several parties might share the blame. Here are some potential culprits for rear-end collisions.
The Rear Driver
The party most commonly at fault for a rear-end accident is the driver of the trailing vehicle. All drivers have a fundamental duty to avoid hitting cars in front of them. In many rear-end crashes, the trailing driver engages in dangerous conduct behind the wheel or fails to take reasonable precautions to avoid a collision.
Trailing drivers can cause rear-end accidents by, for example:
- Speeding, leaving insufficient time to avoid a crash
- Tailgating (or following too close), leaving insufficient distance to stop for a vehicle ahead
- Driving distracted that leads to ignoring a slowed or stopped vehicle ahead
- Failing to obey traffic signals and signs, running the risk that a vehicle ahead will stop or slow unexpectedly
Any investigation of a rear-end accident will examine the decisions and actions of the trailing driver. Evidence a lawyer or insurance investigator might review can include the presence or absence of tire skid marks, cell phone and onboard vehicle computer data, and eyewitness accounts of how the crash happened.
The Driver of the Leading Vehicle
Sometimes, the driver of the vehicle hit from behind bears the blame for a rear-end collision. Finding fault with the driver of the leading vehicle doesn’t happen as often as pinning responsibility on the trailing driver, but it’s more common than you might think.
The driver of the leading vehicle could cause a rear-end crash by:
- Cutting off the trailing vehicle by, for example, swerving on a highway or barging into a neighboring lane in heavy traffic.
- Failing to signal before turning in front of another vehicle;
- Driving with broken tail lights that fail to alert trailing drivers to braking;
- “Brake checking” a trailing driver as supposed punishment for following too close; or
- Backing into a trailing vehicle.
Drivers of leading vehicles sometimes get overlooked as at-fault parties but experienced lawyers and insurance adjusters know to scrutinize their actions. Eyewitness accounts of a rear-end accident particularly those of the trailing driver often alert investigators to the culpability of the leading driver.
Another Motorist
In some instances, neither of the drivers involved in a rear-end crash are at fault. Instead, a third-party motorist engages in unsafe conduct, making a collision between the two vehicles inevitable.
For example, an aggressive driver might be legally at fault for weaving in and out of traffic, forcing another driver to slam the brakes and get hit from behind by yet another vehicle. A skilled car accident lawyer can investigate a rear-end accident to identify a third-party motorist at fault.
An Automotive Manufacturer
In some cases, a vehicle's mechanical or electronic system can fail and cause a rear-end accident.
For example:
- Brake failure that prevents a driver from stopping in time
- A blown tire that causes the leading vehicle to stop suddenly and unexpectedly
- A malfunctioning collision warning system that fails to alert a driver to a hazard ahead or behind
- So-called “self-driving” modes that fail to work as expected
State laws hold manufacturers strictly liable when their products fail to function as intended under normal use conditions. Strict liability means manufacturers have automatic liability for a crash, even if they took reasonable steps to ensure the safety of their products.
A Government Entity or Private Road Owner
Rear-end collisions can also happen when unreasonably dangerous and preventable road conditions increase crash risks. In those cases, you can hold the government entity or private road owner responsible with the help of an attorney.
For instance:
- Malfunctioning traffic lights that confuse when traffic should stop and go
- Missing or inadequate signs or lane markings that create hazardous merges or unexpected stops
- Failures to warn motorists of upcoming changes in a road surface or traffic pattern that might affect stopping ability
Many victims of rear-end collisions don't realize they can find fault with an entity or individual responsible for maintaining safe roads. A skilled lawyer can review the road conditions and assess whether the relevant authorities knew or should have known that a particular location posed a significant risk of rear-end crashes.
Fatal Rear-End Accidents
If a rear-end accident inflicts fatal injuries, the deceased victim’s next of kin can seek justice and compensation for their loss through a wrongful death lawsuit. Depending on the law of the state where the accident occurred, they may have the right to demand payment from an at-fault or another liable party for:
- Loss of the victim’s income, financial support, or services
- Loss of the victim’s society, including loss of consortium, companionship, or parental guidance
- The victim’s pain and suffering before death
- The emotional distress of a next of kin due to the death
- Medical and other expenses the victim incurred before dying
- Funeral and burial expenses
What Compensation Can You Recover for a Rear-End Accident in South Carolina?
In a rear-end collision, the compensation you can recover typically depends on various factors, including the extent of the damages, injuries sustained, and applicable laws in your jurisdiction. Here are some common types of compensation you might seek:
- Medical Expenses: This includes reimbursement for medical bills related to injuries sustained in the accident, such as hospital stays, surgery, medication, rehabilitation, and ongoing medical treatment.
- Lost Wages: If you're unable to work due to injuries from the accident, you may be entitled to compensation for lost wages, including past and future income.
- Property Damage: You can seek compensation for repair or replacement costs for your vehicle or any other property damaged in the accident.
- Pain and Suffering: This covers physical pain and emotional distress caused by the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of Consortium: If the accident has negatively affected your relationship with your spouse or partner, they may be entitled to compensation for loss of companionship, affection, or support.
- Punitive Damages: In some cases, if the defendant's actions were particularly reckless or egregious, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.
To determine the exact compensation you can recover, it's essential to consult with a personal injury attorney who can assess your case's specifics and advocate on your behalf. They can help you navigate the legal process, negotiate with insurance companies, and pursue the maximum compensation available to you.
What Can a South Carolina Car Accident Lawyer Do for Rear-End Accident Victims?
Lawyers for rear-end accident victims work to secure the maximum compensation available for their clients' losses. They also serve as trusted allies, advocates, and advisors, guiding clients through the often confusing and stressful times following a rear-end collision.
The specific services a lawyer might provide to a rear-end crash victim can depend on the demands of a particular case. Every accident differs, as do the needs of its victims.
When necessary, an experienced car accident lawyer can:
- Investigate, with the help of forensic and other experts when needed, the cause of the rear-end accident and the identity of each at-fault party.
- Analyze the insurance that may cover a victim's losses.
- Handle all dealings with insurance companies so their client never needs to answer another call or email from an insurance adjuster asking about the crash.
- Answer their client's questions and advise them on how to make personal, financial, or other decisions that could affect their rights.
- Prepare and file lawsuits and insurance claims demanding compensation from at-fault or other liable parties.
- Negotiate with insurance adjusters and defense lawyers to explore settling a client's claims for fair compensation.
- Advise their client about whether to accept or reject a settlement offer.
- Take the rear-end accident claim to court and present it to a judge and jury at trial.
- Ensure the victim receives the money due under an insurance policy, settlement, judgment, or jury award.
Rear-end collision lawyers make these and similar services as affordable as possible. They offer free consultations for accident victims and their loved ones to learn about their rights and options. They also take cases on a contingent fee basis, meaning that their payment consists of a percentage of the money they secure for their clients. Most personal injury attorneys don't charge upfront our hourly fees — instead, they only get paid if they get results. To find out more about what a lawyer can do for you after a car accident, contact a personal injury attorney in your area.
Contact a South Carolina Car Accident Lawyer About Your Rear-End Accident Today
If you or someone you love recently suffered injuries in a rear-end accident, the law may entitle you to seek compensation from a party at fault or someone else. However, the process is complex and challenging. It's not always clear who is at fault for a rear-end collision--and even when it is, forcing the at-fault party to pay what they owe requires legal knowledge and skill.
An experienced personal injury law firm in Myrtle Beach can handle your rear-end accident claim and ensure you receive fair treatment and the maximum compensation available. Better yet, you won't owe the lawyer a dime unless and until you see results. To learn more about your rights after suffering harm in a rear-end accident, contact a skilled car accident injury lawyer at Morris Law, LLC, today for a free case evaluation.
