Have you heard that in a rear-end collision, the driver in back is always at fault? While this is a commonly repeated legal “fact,” it is, in fact, not true.
Determining liability in a rear-end collision is not quite so easy. Here’s what you should know about figuring out who’s at fault in a rear-end collision in South Carolina.
The Driver in Back is Often, Not Always, At Fault
South Carolina drivers have a legal duty to maintain a “reasonable and prudent” distance from the vehicle in front of them under SC Code § 56-5-1930. Keeping a safe distance gives the driver in back time to respond to any sudden slowdowns or stops of the vehicle ahead, allowing them to avoid a collision.
If a rear-end collision occurs, it’s understandable to assume the driver in back is responsible, since they failed to maintain a “reasonable and prudent” distance. And many times, that is the case.
However, the driver in front may share some of the responsibility for the collision in some circumstances, such as:
– Sudden stopping for no reason
– Having non-functioning brake lights
– Failure to use turn signals
– Reversing without warning
All drivers in South Carolina have a duty of care on the road. A driver engaging in negligent behavior, like those listed above, can be found wholly or partially at fault for a rear-end collision, regardless of whether they are the driver in front or back.
Determining Liability in a Rear-End Collision
As with other motor vehicle collisions, the first step in determining liability is gathering data. Dashcam footage, security camera footage, photos of the scene, Event Data Recorder (EDR, aka “black box”) data, GPS data, police reports, witness statements, driver statements, and more can all be used to help determine what happened and who was at fault.
An experienced car accident attorney will help gather evidence (many work with their own accident investigators to do just that) in order to build a strong case in your favor.
Additionally, it’s important to know that South Carolina is a modified comparative negligence state. This means that more than one party can be found responsible for an accident and that even a partially at-fault party may be able to recover damages. (Read more about comparative negligence here on our blog.)
Call the Car Accident Attorneys at The Carolina Law Group
Were you involved in a rear-end collision? Give us a call. Our experienced car accident lawyers have helped South Carolina drivers get the justice and compensation they deserve. We work on contingency and only get paid if you do, so give us a call today to schedule your free, no-obligation consultation and tell us your story.
The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).
Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.