Learn how to protect your rights and maximize your compensation after a rear-end collision in Columbia

Rear-end collisions are some of the most common accidents on South Carolina roads, involving cars, trucks, and motorcycles. If you’ve been injured in a rear-end collision in Columbia, you might be experiencing physical pain, emotional stress, and confusion about your next steps. 

This guide explores the key aspects of rear-end collisions, common injuries, causes, and why you might need an attorney to protect your rights and recover compensation for your losses.

If you have questions or need help filing your claim, contact the experienced Columbia car accident attorneys at Smith, Born, Leventis, Taylor & Vega to schedule a free consultation.

What is the most common injury with a rear-end collision?

Certain injuries are common in rear-end collisions, including:

• Whiplash. Because of the impact of such an accident, a person’s head can be violently whipped forward and then back while the rest of their body remains in place. This leads to whiplash and neck sprains or strains. These injuries are characterized by pain, stiffness, headaches, and limited range of motion.
• Back and spine injuries. Rear-end collisions often leave victims dealing with catastrophic injuries to the back and spine. This can include a slipped, ruptured, or even broken disc, resulting in chronic pain. In some cases, a person can be left with permanent back injuries that require continuous medical care and rehabilitation.
• Traumatic brain injuries. Head trauma can occur when a person makes contact with the steering wheel, dashboard, airbag, or window in a rear-end accident. This could result in injuries like a concussion, which can often clear up with medical treatment and adequate rest. In worse instances, a rear-end collision can lead to more serious situations like brain bleeds and permanent brain injury.
• Fractures. Among the most common injuries from any accident are broken bones. A rear-end collision can cause fractures to legs, arms, wrists, ribs, and even the clavicle in severe, high-impact wrecks.
• Cuts and lacerations. Soft tissue injuries may seem minor, but like more catastrophic ones, they still require medical attention. Some cuts and lacerations stemming from rear-end accidents may need stitches, staples, or even surgical repair, increasing the risk of infection.

What is the most common cause of a rear-end collision?

Rear-end collisions happen for a variety of reasons in South Carolina, with tailgating being one of the most common factors, as drivers don’t always have enough time to stop if following too closely behind another vehicle.

Other common causes include:

• Distracted driving. Distracted driving causes many car accidents and deaths each year, including rear-end collisions. In 2021 alone, distracted driving led to 3,522 deaths across the U.S. If a driver is using their phone to text, take selfies, or just talk, it diverts their attention from the road. These activities can also cause drivers to move their hands off the steering wheel, making them even more dangerous.
• Drunk driving. Drivers frequently cause rear-end accidents when they’re under the influence of alcohol or drugs. Even small amounts of these substances can reduce judgment, reaction time, and the ability to safely control a vehicle. These accidents are responsible for about one-third of accident-related fatalities in the U.S. each year.
• Reckless driving. Many rear-end collisions are caused by reckless driving. Drivers who erratically weave in and out of lanes without signaling, go through red lights or stop signs, or speed often don’t have enough time to react before an accident occurs.

Sometimes, a rear-end crash can also occur for reasons beyond a driver’s control. Traffic can suddenly stop or a vehicle can suffer mechanical problems, causing a driver to hit the brakes and strike the one in front of them.

How a Columbia injury attorney can help after a rear-end collision

A rear-end accident can leave you injured and with significant damage to your vehicle. Consulting with an experienced personal injury attorney is wise, as they can help you prepare a claim against the at-fault driver. Your lawyer can help investigate the cause of the accident and gather evidence to prove the other driver is at fault.

With legal representation, you can also get a clear understanding of the compensation you’re entitled to based on the extent of your injuries and their potential long-term effects. Your attorney can examine your medical records and determine the best settlement amount to seek from an insurance company. They can also negotiate if there’s no immediate agreement on satisfactory compensation.

Ultimately, your attorney can help you understand the legal process so you can determine the best options for your case. They can also protect your rights if your case fails to settle and you need to file a lawsuit and go to trial.

How long after an accident can you file a claim in South Carolina?

South Carolina’s statute of limitations for filing a personal injury lawsuit is typically 3 years. In most cases, you must file within that time frame to have your case heard, or you won’t be able to recover compensation for your losses.

What types of compensation can I recover after a rear-end collision?

After suffering injuries in a rear-end collision, there are several types of compensation you can recover. They include past and future medical expenses, lost wages, lost earning capacity, pain and suffering, and property damage.

However, it’s important to understand that South Carolina uses a modified comparative negligence system when determining fault. Under this system, your compensation is reduced by your percentage of fault in the accident, and you won’t be able to recover any compensation if it’s determined that you were more than 50% at fault.

Because your compensation can be drastically reduced based on your level of fault, it’s critical to gather all necessary evidence and present a clear case. This includes police reports, witness statements, and any medical records related to your injuries. 

Consulting with a knowledgeable personal injury attorney can significantly help in navigating South Carolina’s modified comparative negligence system and maximizing your potential compensation.

FAQs about rear-end collisions

Who is usually at fault in a rear-end collision?

Typically, the driver of the vehicle that collides with the back of another vehicle is considered at fault in a rear-end collision. This is often due to following too closely or not paying sufficient attention to the road. 

However, there can be exceptions depending on the circumstances, such as if the front vehicle suddenly reverses or has non-functioning brake lights. Each incident is evaluated based on the specific facts and circumstances surrounding the collision, and fault can be divided amongst both parties.

Should I contact my insurance company after a rear-end collision?

Yes, it’s best to contact your insurance company after a rear-end collision, but you should only provide them with the basic details, and leave the rest to your attorney.

Do I need a lawyer for a minor rear-end collision?

Even minor rear-end accidents could have serious effects. You may have an injury that lies dormant for days, weeks, or even longer that requires significant medical care. An attorney can help determine the full extent of your damages, limit your liability, and ensure you recover compensation that’s fair.

Get help from an experienced Columbia car accident attorney

In the aftermath of a rear-end collision, the road to recovery can be long and fraught with uncertainty. Navigating the complexities of legal claims, insurance disputes, and medical bills can be overwhelming for anyone. This is where the seasoned professionals at Smith, Born, Leventis, Taylor & Vega come in.

Our dedicated team of personal injury attorneys understands the physical, emotional, and financial toll an accident can take on individuals and families. We’re committed to guiding you through every step of the legal process with compassion, clarity, and the utmost attention to detail. We pride ourselves on our commitment to our clients, our understanding of the law, and our relentless pursuit of justice.

Contact us today to schedule a free consultation, and take the first step toward peace of mind and a secure future.

References

National Highway Traffic Safety Administration. (2020, November 5). Distracted Driving. National Highway Traffic Safety Administration; United States Department of Transportation. https://www.nhtsa.gov/risky-driving/distracted-driving 

NHTSA. (2021). Drunk Driving | NHTSA. Www.nhtsa.gov. https://www.nhtsa.gov/risky-driving/drunk-driving 

Traffic Safety Facts 2021 A Compilation of Motor Vehicle Traffic Crash Data. (n.d.). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813527