Rear-end collisions are some of the most common types of auto accidents in Columbia. If you have been hit, you have likely suffered injuries, are dealing with immense physical pain, and are likely unsure of what steps to take next. You may be entitled to compensation if another person’s negligence caused your crash, but determining liability in these cases is not easy. Many people assume that the rear driver is always to blame for these accidents, but that is not always the case.
Below, our Columbia rear-end accident lawyer explains more about liability and the damages you may be entitled to.
Common Injuries Suffered in Rear-End Accidents
Many people think rear-end collisions are very minor accidents, but again, this is not always true. A rear-end collision can result in many different types of injuries, including:
- Whiplash: Whiplash is the most common type of injury suffered during rear-end accidents. When a person is hit from behind, their neck can snap back and forth in rapid succession, like a whip. This can damage the delicate tissues in the neck and cause long-term pain and immobility for accident victims.
- Back and spinal injuries: Rear-end accidents happen in a second, and occupants of other leading vehicles do not expect them and cannot brace for them. The back and the spine will then absorb much of the impact of a crash, causing serious injuries. These can include pulled muscles, ruptured or slipped discs, broken vertebrae, and partial and complete paralysis.
- Traumatic brain injuries: Due to the jolting motion produced by a rear-end collision, a person may strike their head on the steering wheel, dashboard, or airbag, resulting in a traumatic brain injury, such as a concussion.
- Broken bones: Broken bones are very common after any crash, including rear-end accidents. The bones in the arms, legs, ribs, and wrists are the most susceptible to breaking during a crash.
Who is Liable for a Rear-End Accident?
It is true that in the majority of cases, the rear driver is to blame. This is due to the fact that all motorists are required to ensure there is enough stopping distance in front of them to slow down and stop without colliding with another vehicle. Most rear-end accidents are a result of a driver failing to do this, and as such, they can be held liable for paying damages.
Still, there are exceptions and times when the driver in the leading vehicle may be to blame. For example, if the brake lights on the lead driver’s vehicle were not working, they can be found liable for the crash. Or, if a driver suddenly stopped, they can also be liable, particularly if there was not a good reason for the sudden stop.
Damages Available After a Rear-End Accident
Personal injury claims are meant to compensate you for any losses, known as damages, you suffered due to another person’s carelessness. Under SC Code § 15-78-10, you may be eligible for many different types of damages. These include:
- Medical expenses: Medical expenses make up the bulk of most rear-end accident claims. These include the cost of treatment, hospitalizations, surgeries, medications, and more.
- Lost income: Due to the fact that injuries suffered during a rear-end accident are often serious, victims are often unable to return to work. When this is the case you deserve compensation for your lost wages, vacation pay, sick pay, and other employment benefits.
- Lost earning capacity: If your injuries are so severe that you cannot return to the same line of work in the future, you can include damages for lost earning capacity in your claim. For example, you may hit your head on the dashboard during a crash, suffering a traumatic brain injury that interferes with your cognitive ability for years to come.
- Pain and suffering: Your physical pain and emotional distress are intangible losses after a rear-end accident, but this does not mean you do not deserve compensation for them. A Columbia rear-end accident lawyer will know how to calculate these intangible losses.
When calculating the full damages you are entitled to, it is critical to account for your current and your future losses. Our Columbia rear-end accident lawyer can accurately value your claim so you obtain the full damages you deserve.
Comparative Negligence After a Rear-End Collision
Liable parties in rear-end accident claims often use the comparative negligence defense to avoid paying the full damages accident victims deserve. Under SC Code § 15-38-10, accident victims are barred from recovering any compensation if they are found to be more than 50 percent at fault for an accident.
For example, you may have braked too suddenly when approaching a traffic light. However, the driver behind you may have been following you too closely. In this instance, the rear driver may be assigned 80 percent of the fault, while you are assigned 20 percent of the blame. In this situation, you can still claim damages, but they will be reduced by the same percentage of liability. Our experienced attorney can defend against these claims so you obtain the full and fair settlement you deserve.
Areas Our Columbia Rear-End Accident Lawyer Serves
Our rear-end accident lawyer helps clients throughout Columbia, including in the ZIP codes: 29044, 29045, 29061, 29063, 29078, 29147, 29169, 29201, 29202, 29203, 29204, 29205, 29206, 29207, 29208, 29209, 29210, 29211, 29212, and 29214. If you have been hurt, it is critical that you speak to our rear-end accident lawyer as soon as possible.
Our Rear-End Accident Lawyer in Columbia Can Provide the Legal Advice You Need
The legal process after a rear-end collision is complex and confusing. You must meet many deadlines, prove fault, and go up against the big insurance companies to negotiate a settlement that is fair and that will cover your injuries. At Rikard & Protopapas, our Columbia rear-end accident lawyer can handle all of these tasks and provide the legal representation you need so you can focus on recovering from your injuries. Call us now at 803-978-6111 or fill out our online form to schedule a consultation and to get the sound advice you need.