You cannot change the fact that a negligent driver crashed the front of their vehicle into the tail end of yours. However, you can partner with a Mt. Pleasant car accident lawyer. If you work with a Mt. Pleasant rear-end collisions lawyer, you may be able to seek damages from the at-fault driver.
With more than a decade of experience, the Shelly Leeke Law Firm understands the complexities of personal injury cases. Our team is available to review your case. To learn more, reach out to us.
Rear-End Collision Definition
A rear-end accident happens when one driver slams their car into the rear of another. According to the Analysis of Rear-End Crashes and Near-Crashes in the Naturalistic Driving Study, rear-end crashes represent the most commonly occurring type of collision. They make up 29% of all crashes.
You may drive your car in accordance with the rules of the road. Regardless, you cannot necessarily stop a motorist from crashing their vehicle into the back end of your car. If this happens, you may be able to hold this driver responsible for your crash.
Following a rear-end collision, you may want to consult with a Mt. Pleasant personal injury lawyer to explore your legal options. The legal team at the Shelly Leeke Law Firm can help you figure out who is liable for your crash. For more information, get in touch with us.
Who Is Responsible for a Rear-End Accident
In many instances, the driver who slams the front of their vehicle into the rear of another is liable for a collision. To prove negligence, you must show this driver had a legal obligation to follow the rules of the road and violated this requirement. You must also show that the motorist’s actions led to your accident, and you are now dealing with quantifiable and subjective losses as a result.
A rear-end collisions lawyer in Mt. Pleasant will look at the facts of your case to determine fault. There are rare instances where the driver in the front vehicle is liable for a rear-end crash. In this instance and many others, you may be able to pursue damages from the at-fault driver.
Your attorney can provide legal resources relating to your case. They will explain what you need to do if you want to seek damages. Your lawyer will help you submit your claim before your window for doing so lapses.
When to File a Rear-End Accident Claim
In terms of how long it takes to settle a car accident claim, the answer depends on the facts surrounding your case. You have up to three years from the date of your rear-end crash to pursue damages from a liable party. If you decide not to file a claim within this period, you may not be able to seek compensation from this party at a later time.
A rear-end collisions attorney in Mt. Pleasant can help you request compensation from the party responsible for your crash. They may encourage you to ask for economic and non-economic damages. You may seek economic compensation for losses you can quantify and non-economic damages for pain, suffering, and other subjective harm.
You are responsible for the burden of proof. This means you must provide sufficient evidence to show the at-fault party is responsible for your crash. If you cannot make it clear to a judge or jury that you are not liable for your collision, you may not receive damages.
Auto Insurance Claim
Motorists are required to have auto insurance in South Carolina. After a rear-end collision, you may seek compensation through an insurance claim. You may notify your insurer about your crash, and they may contact the at-fault motorist’s insurance company to help you get compensation.
An at-fault party’s insurer may be more focused on its client’s best interests over yours. Even if you have a valid claim for damages, a liable party’s insurance company may contest your claim. In the worst-case scenario, you may not get compensation and be responsible for your accident-related costs in spite of the fact that someone else caused your crash.
Your lawyer will advocate for you and protect your legal rights. Rather than negotiate with the at-fault motorist’s insurance company on your own, your attorney can handle communications with this insurer. They will keep your best interests top of mind and help you pursue a reasonable amount of damages.
The Cost of a Rear-End Collision
Your rear-end collisions lawyer in Mt. Pleasant focuses on getting you the best case results. They understand you may incur losses due to your rear-end crash. Your attorney helps you calculate your damages and makes sure you are well-positioned to secure enough to help you recover from your collision.
In a rear-end accident case, you may pursue damages for your medical bills, lost wages, emotional trauma, and other losses. Your attorney can help you determine how much your case is worth. From here, they can work with you to build a compelling argument.
Your Mt. Pleasant rear-end collisions attorney may use medical records, crash scene photos and videos, and other evidence to support your case. They want to show a judge or jury that you are not responsible for your accident. If your case is successful, you may get 100% of the damages you are requesting.
Comparative Negligence in a Rear-End Crash Case
Based on the South Carolina Contribution Among Tortfeasors Act, a judge or jury may award you partial damages based on your percentage of fault in your rear-end accident case. This act states you may receive a portion of the damages you request if you are less than 50% liable. If you are more than 50% at fault, you may be ineligible to receive damages.
As an example, consider what can happen if a judge or jury says you are 20% at fault for a back-end collision. In this example, the defendant is 80% liable. Therefore, they may be required to pay 80% of the damages you initially sought.
Alternatively, think about what can occur if a judge or jury finds you are 51% liable. At this point, you are more at fault than the defendant. Thus, the defendant may not be required to pay any damages.
Hire a Mt. Pleasant Rear-End Collisions Lawyer
You can request legal help with your rear-end collision case. The Shelly Leeke Law Firm offers legal services and support in personal injury lawsuits. To request a free consultation, contact us today.
