Understanding Rear-End Collisions

The National Highway Traffic Safety Administration says that rear-end collisions are the most common type of car accidents, accounting for 29% of motor vehicle accidents. Shealey Law Firm explains what you need to know to understand rear-end collisions, like who is at fault for a rear-end collision and how liability is determined.

How South Carolina Law Views Rear-End Collisions

South Carolina law views rear-end collisions under the negligence framework. Usually, the second driver is responsible for failing to leave enough following distance. However, liability isn’t automatic. There are some circumstances where the driver in the back is not at fault. Fault may be shared between parties. The law looks at the actions of all involved to evaluate responsibility for damages.

SC Rear-End Collision Law

1. S.C. Code § 56-5-1930(A) – South Carolina law prohibits a driver from following too closely to the vehicle ahead of them.
2. Negligence per se – If a collision occurs, violation of the law may be used to show that the defendant had a duty of care and breached it.
3. Negligence – A negligence claim is based on duty of care, breach of duty of care, proximate cause, and damages. (Bloom v. Ravoira, 339 S.C. 417, 422 (2000).)

These laws combine to form the SC rear-end collision law, that a driver may have liability for damages if they cause a rear-end accident.

S.C. Code § 56-5-1930(A) is the South Carolina following too closely law. The law says that the operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent. A driver must use due regard for the speed of vehicles on the road, existing traffic, and road conditions.

Negligence Per Se May Apply

Negligence per se is liability that arises from the violation of a statute – like the following too closely law.

Negligence per se applies when the purpose of the law is to protect people from the type of harm that occurred. In addition, the victim must be in the class of persons meant to be protected. Both are true for rear-end accidents, because the following too closely law exists to protect drivers and passengers from collisions. (Trivelas v. SCDOT, 348 S.C. 125 (S.C. Ct. App. 2001)).

Proving Negligence by Following Too Closely

Establishing negligence per se isn’t enough by itself to create liability for a rear-end collision. The victim must prove causation and damages.

Causation includes causation in fact – that the injury would not have happened but for the defendant’s negligence, and legal cause – that the collision is the natural and probable consequence of the defendant’s actions. (Seals v. Winburn, 314 S.C. 416 (1994).)

When would the driver in the back not be at fault for a rear-end collision?

A driver in the back may not be at fault for a rear-end collision if the driver ahead impedes traffic.

S.C. Code § 56-5-1560(a) prohibits a driver from driving so slowly that they impede traffic. A driver must drive fast enough to allow normal and reasonable movement of traffic. There are exceptions when reduced speed is necessary for safety.

S.C. Code § 56-5-2510 prohibits a driver from stopping, parking, or leaving a vehicle unattended outside of a business or residential district when it is practical to move the vehicle from the road. There must be enough room for free passage of other vehicles, and a clear view of the road.

Factors That Influence Fault Determination 

Factors that influence fault determination may include:

• The length of following distance
• Size of each vehicle and the time needed to stop
• Vehicle speeds
• Whether the vehicle in front was stopped when the collision occurred
• If the light was red or if there was a stop sign
• Any good reason that the vehicle in front may have had to slow or stop their vehicle
• Road conditions, traffic, weather, and whether a driver should have slowed down because of the conditions
• Improper turn or merging
• Distracted driving, attention paid to the road
• Whether the vehicle suffered a mechanical problem like a brake failure

Evidence Used to Determine Fault

Evidence used to determine fault for a rear-end collision may include:

• Witness testimony
• Vehicle data and event recording
• Accident reconstruction
• Photographs
• Video
• Debris and marks on the road
• Expert testimony
• Weather records, information about road conditions
• Size and weight of the vehicle

It is up to the jury to weigh the evidence and determine fault.

Legal Implications of Being Found at Fault

A party who is found legally at fault may be liable to pay compensation to the victim; economic and non-economic damages may be claimed.

Any party at fault may be named in a claim for compensation.

How Shealey Law Firm Defends Against Fault Allegations

With South Carolina using a system of modified comparative negligence, defending against an allegation of fault may be especially important. At Shealey Law Firm, we may use witness testimony, vehicle data, photographs and video, accident reconstruction, and expert testimony to defend against fault allegations. As experienced attorneys, we’re aware of the factual and legal issues that may be important to defending against an allegation of fault.

Contact

Have you been in a rear-end collision? Do you need help understanding your rights? Do you need legal representation? We are Shealey Law Firm – experienced attorneys representing victims of rear-end collisions. Contact us for a consultation about your case.