If you’ve suffered a rear-end accident, either stopped at an intersection or driving in South Carolina, it can be overwhelming. Your head aches from the shock, and you’ve got the sinking feeling that everything might have changed instantly.
When you’re hit in a car from behind due to someone else’s carelessness, count on Elrod Pope Law Firm’s lawyers in Rock Hill to help you get the compensation you deserve. Contact us to begin managing your rear-end accident case.
Common Causes of Rear-End Collisions
Distracted driving
One of the worst and most common causes of rear-end accidents is distracted driving, where the offending motorist was probably not paying attention to your car in front of them. Distractions behind the wheel include everything from texting or calling to eating. Tired drivers are also more likely to zone out and respond slower.
Speeding
When a motorist is going too fast and does not have time to brake before crashing into the automobile in front of them, the resulting impact may be far more severe.
Tailgating
Drivers may follow others too closely and not have enough room to stop in time.
Hazardous conditions
Thick fog, heavy rain, or icy roads should make motorists exercise more caution. However, some don’t compensate enough for the need to give other drivers more space and rear-end other drivers.
Common Injuries From Rear-End Collisions
Whiplash
When a vehicle is hit from behind, the occupants, including the driver, are jerked and jostled, sometimes resulting in whiplash due to disrupting their bodies’ natural alignment. Damage to soft tissues may occur when the head and neck are wrenched back and forth, perhaps colliding with the headrest or even the steering wheel.
Whiplash symptoms can manifest immediately, but they’re also capable of sneaking up on you when the adrenaline response decreases and swelling sets in.
Concussions
The brain suffers bruising and other tissue damage when violently jarred within the skull, a process known as a concussion. You may not believe a concussion is feasible in a low-speed rear-end accident. Still, the head can be seriously injured in any situation when it is quickly and violently jolted back and forth.
Although a concussion’s first signs and symptoms may not appear for days or even weeks, it is crucial to get medical assistance after any automobile accident since the ramifications of a concussion may be devastating.
Spinal Cord Injuries
The spine may be injured in various ways by a sudden, jarring trauma to the body. It is possible to sustain severe injuries to the neck and back if the joints in the spine that enable the spine to flex when you bend and twist are either overextended or shocked out of position.
Furthermore, high-velocity rear-end crashes significantly increase the risk of spinal fractures. Everyday activities may be impacted by injuries such as stress fractures, slipped discs, and even severe spinal cord damage.
Fault Determination for Rear-End Collisions
When a car crashes with another, it might be challenging to determine who was to blame. A motorist may slam on the brakes to avoid striking a person, giving the vehicle behind them almost no time to stop. However, the policyholder of the automobile that rear-ends the one in front of it is often held liable in such cases.
Since so much depends on holding the correct party liable for the rear-end accident, having an attorney is beneficial.
When should a claim be submitted in a rear-end accident?
According to South Carolina Code 15-3-530, the statute of limitations for filing a claim for compensation after an automobile accident is three years from the date of the accident.
Damages may be permanently lost if an injured claimant misses the filing deadline.
This law is applicable whether the injured party files an action on their own or retains a competent rear-end automobile accident attorney. Potential plaintiffs have a higher chance of preserving evidence to use in court with a lawyer on their side.
Compensatory Damages in a Rear-End Collision Case
When you suffer losses or damages because of an accident, the guilty party may be made to compensate you. Both monetary and intangible losses are compensable in a personal injury lawsuit.
Monetary losses include:
- Amount spent on healthcare, both in the past and in the future
- Lost earnings, both past, and future
- Loss or damage of property
Non-economic damages include:
- Discomfort and agony caused
- Dismemberment is the loss of a body part or function.
- Mental suffering
- Scarring or other forms of physical disfigurement
- Social disintegration
A victim’s non-economic losses require more scrutiny. Witness evidence concerning the victim’s diminished quality of life is sometimes sufficient to show various forms of damage.
Contact Elrod Pope Law Firm After a Rear-End Accident
Insurers have an issue with actually having to pay out claims. You might get lowball offers or outright denials of your claim. If you’ve been in a rear-end accident, hiring a lawyer may make a world of difference in your ability to recover damages. We’ll take on the insurers in court if a fair settlement can’t be reached.
With Elrod Pope Law Firm, there are no up-front costs since they work on a contingency fee basis. We won’t be paid unless you win.
If you’ve been harmed in a rear-end collision in Rock Hill, South Carolina, contact us, and we’ll set up a no-cost consultation.
Car Accident FAQs
What legal options do you have after a rear-end collision?
After a rear-end collision, you should first contact the insurance company of the at-fault motorist and make a claim. With this, you may be paid for all the bills you racked up because of your crash.
What if the other driver that rear-ended you doesn’t have liability coverage?
Since uninsured motorist coverage is mandated by South Carolina law, injured drivers may submit UI claims with their own insurers.