Columbia Rear-End Accident Lawyer

Rear-end collisions are among the most frequent types of crashes on Columbia roads. These accidents occur when one vehicle strikes the back of another, often while stopped at traffic lights, in slow-moving traffic, or during sudden stops. While many people dismiss rear-end crashes as minor fender benders, they frequently cause serious injuries that require extensive medical treatment.

Rear-end collisions are among the most common traffic accidents in Columbia, yet insurance companies routinely downplay the severity of injuries these crashes cause. At Stewart Law Offices, our Columbia car crash lawyers have spent over 30 years fighting for victims who suffered injuries when another driver failed to maintain a safe following distance or simply wasn’t watching the road.

Common Causes of Rear-End Crashes in Columbia

According to a National Highway Traffic Safety Administration study, approximately 29.7% of all crashes in the United States are rear-end collisions. These crashes account for 30% of all traffic-related injuries nationwide. The frequency of these accidents doesn’t make them minor; it makes them a significant public safety concern that affects thousands of Columbia drivers every year.

 

Rear-end crashes in Columbia typically result from driver negligence. Drivers must not follow more closely than is reasonable and prudent, considering speed, traffic, and road conditions.

Common contributing factors include:

  • Following Too Closely: Tailgating reduces the time and distance available to react when the vehicle ahead stops suddenly.
  • Distracted Driving: Texting, adjusting vehicle controls, eating, or other activities that take attention from the road. Many rear-end crashes share causes with texting while driving accidents in Columbia.
  • Speeding: Driving too fast for conditions reduces reaction time and increases stopping distance.
  • Impaired Driving: Alcohol or drug use significantly impairs judgment and reaction time.
  • Fatigued Driving: Drowsy drivers have slower reaction times and may fail to notice stopped traffic.
  • Poor Weather Conditions: Rain, fog, or other weather conditions can reduce visibility and road traction.
  • Mechanical Failures: Brake failures, worn tires, or malfunctioning brake lights can contribute to rear-end collisions.

When Commercial Vehicles Are Involved

Rear-end accidents involving commercial trucks create exponentially more dangerous situations. The massive weight and size of tractor-trailers mean these collisions often result in catastrophic injuries or fatalities. Commercial vehicle cases involve federal regulations, corporate defendants, and complex insurance policies, requiring experienced legal representation.

Types of Rear-End Collision Scenarios

Not all rear-end crashes involve just two vehicles in a straightforward collision. More complex scenarios include:

Chain-Reaction Crashes: 

When multiple vehicles are involved in a series of rear-end impacts, determining liability requires investigating which driver initiated the chain reaction. The initial impact often causes subsequent collisions, and the first negligent driver may be liable for all resulting damages.

Commercial Vehicle Rear-End Crashes: 

When large commercial trucks or tractor-trailers rear-end passenger vehicles, the size and weight disparity often result in catastrophic injuries. These cases may involve federal regulations and corporate liability.

Stopped Traffic Collisions: 

Rear-end crashes frequently occur in stopped traffic on Interstate 26, Interstate 77, and other Columbia-area highways during rush hour congestion.

Intersection Rear-End Crashes: 

These occur when drivers fail to stop in time at red lights or stop signs, striking vehicles waiting ahead of them.

Common Injuries From Rear-End Collisions

Even with modern safety systems, rear-end crashes can cause significant injuries, including:

  • Whiplash and neck strain.
  • Back and spinal cord injuries.
  • Concussions or traumatic brain injuries.
  • Broken bones and soft tissue damage.
  • Chronic pain requires long-term treatment.

These injuries often require medical care, rehabilitation, and time away from work.

Who Is at Fault in a Rear-End Crash?

In South Carolina rear-end accidents, the trailing driver is generally presumed to be negligent for failing to maintain a safe following distance. However, insurance companies often try to minimize their payouts by shifting blame. They may allege:

  • The driver in front braked suddenly without adequate reason.
  • The front vehicle’s brake lights were defective or not functioning.
  • The front driver unexpectedly moved in reverse.
  • The injured person was somehow partly responsible for causing the crash.

Because South Carolina uses a modified comparative negligence rule, any fault assigned to you can directly reduce your compensation. A Columbia Car Accident Attorney can conduct a thorough investigation to counter these unjust attempts to place blame on you. Establishing Liability in South Carolina Rear-End Accidents

Despite the general presumption that the rear driver is at fault, proving liability requires a careful investigation and collection of evidence. To prove the trailing driver was negligent, you must demonstrate the following four key elements:

  1. Duty of Care: The defendant had a legal obligation to operate their vehicle safely.
  2. Breach of Duty: The defendant breached this obligation by driving unsafely.
  3. Causation: The defendant’s violation was the direct cause of the collision.
  4. Damages: You suffered verifiable injuries and losses as a direct result of the crash.

South Carolina’s Comparative Negligence Rule

South Carolina follows modified comparative negligence under South Carolina Code § 15-38-15. This means you can recover compensation even if you share some fault for the accident, provided your negligence does not exceed that of the defendant. However, your recovery will be reduced by your percentage of fault.

Insurance companies exploit this rule by attempting to shift blame onto victims. They may claim you stopped too suddenly, had malfunctioning brake lights, or contributed to the accident in other ways. Our legal team anticipates these tactics and gathers evidence to defeat unfair blame-shifting.

South Carolina Time Limits for Filing Claims

South Carolina law requires car accident victims to file personal injury lawsuits within three years from the date of the crash. Missing this deadline typically results in loss of the right to pursue compensation through the courts.

However, insurance claims should be initiated much sooner. Delays in reporting crashes to insurance companies can jeopardize claims. Additionally, evidence becomes harder to gather as time passes, witnesses’ memories fade, and physical evidence disappears.

Compensation Available in Rear-End Accident Cases

South Carolina law allows injured victims to pursue several categories of damages after a rear-end collision.

Economic Damages:

  • Past and future medical expenses
  • Lost wages and reduced earning capacity
  • Property damage to your vehicle
  • Rehabilitation and therapy costs
  • Necessary medical devices and equipment

Non-Economic Damages:

  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Permanent disability and disfigurement
  • Loss of consortium for spouses

Punitive Damages:

In cases involving gross negligence, recklessness, or willful misconduct, South Carolina law permits punitive damages designed to punish the defendant and deter similar conduct. Punitive damages may be awarded when the defendant’s conduct was willful, wanton, or reckless.

Visit Our Rear-End Accident Lawyer in Columbia

Contact a Columbia Rear-End Accident Lawyer Today

If you or a loved one suffered injuries in a rear-end collision in Columbia or anywhere in the Midlands, contact Stewart Law Offices immediately. Our experienced car accident attorneys provide free consultations and are available 24/7 to take your call.

Call at 803-743-4200 or contact us online to arrange your free and confidential case review.