Rear-End Collision in Charleston

Rear-end accidents are an all-too-common occurrence on Charleston highways. Though they can be less forceful than a head-on or T-bone accident, they can still cause serious injury such as whiplash to drivers or their passengers. If another driver hurt you in a rear-end accident, you should not have to worry about medical expenses or lost wages. You deserve a skilled attorney on your team who can fight for the compensation you deserve.

Since 2015, the Charleston car accident attorneys at Crantford Meehan have supported Charleston-area drivers when rear-end accidents change their lives. Our goal is to provide professional service, comprehensive legal knowledge, and compassion to everyone we represent. While you focus on healing, we’ll pursue the compensation you deserve. Don’t wait to contact us at (843) 983-2211 for your free, no-obligation consultation.

Overview of Rear-End Collisions in Charleston

Rear-end accidents occur when one vehicle crashes into the back of another, often leading to injuries, vehicle damage, and sometimes even fatalities. In Charleston, rear-end crashes are common on highways, at traffic lights, and in heavy traffic situations. While rear-end accidents are often seen as less serious, they can cause significant injuries such as whiplash, back pain, and traumatic brain injuries (TBI). It’s important to understand your legal options after a rear-end collision to ensure that you recover the full compensation you deserve for your injuries and losses.

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Common Causes of Rear-End Crashes in Charleston

A rear-end car crash is one where the front of one car collides with the rear of another. Some ways that a driver could cause a rear-end accident include:

Careless driving/violating laws

A driver could cause a rear-end crash if they speed or follow the car in front of them too closely.

Distracted driving

Using a cell phone, eating, drinking, or even changing a radio station all take a driver’s attention away from the road. If a vehicle in front of them is moving slowly or stopped altogether, they may not notice and cause a rear-end crash.

Driving under the influence

Alcohol, drugs, and other substances will hinder someone’s reaction time and judgment on the road.

Defective vehicle

If a driver doesn’t properly maintain their car, they risk causing an accident even if they are always focused on the road. Brake or tire failures could lead to rear-end crashes since they affect a driver’s control and stopping distance.

Road and weather conditions

The risk of a rear-end accident increases on improperly-maintained roads. In foggy or wet conditions, a negligent driver may not take extra precautions, such as increasing their following distance.

Sometimes, liability for a rear-end accident extends beyond a driver. Attorneys must investigate each case with an open mind and consider whether other parties were liable, such as:

An employer

If the driver who caused the accident was on duty at work and using a company vehicle, their employer might have some liability for the accident.

A car company

If a manufacturer’s defect led to a car accident, or if a car company designed an unsafe part that had a role in the accident, they might have some liability for what happened.

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What Must I Prove in a Rear-End Accident Lawsuit in Charleston?

To succeed in a personal injury lawsuit after a rear-end accident, you must prove four basic facts of the case, called “elements.” They are:

Duty of care present – All drivers in Charleston have a duty of care to protect other drivers from harm. They must follow traffic laws, stay vigilant, and avoid lapses in judgment that contribute to car accidents.
Duty of care disregarded – The driver who rear-ended you did not act according to their duty of care.
You have injuries or losses – You sustained injuries and losses as a direct result of the crash.
The negligent driver caused your losses – Your injuries and losses were a direct result of the driver’s careless behavior.

Your lawyer will use multiple forms of evidence to prove each element. They include, but are not limited to:

Photographs, security camera video, or dashcam footage of the accident
Eyewitness testimony from people who saw the accident
Testimony from accident reconstruction professionals
Documentation from your medical team detailing your injuries and their treatment
Documentation from your therapist attesting to your emotional distress
Paystubs or other documents to show lost wages

Very few personal injury cases ever go to trial. The more supporting evidence your lawyer has before they file a lawsuit, the more leverage they’ll have to negotiate a settlement for you. However, not every settlement negotiation is successful. If your legal team must file a lawsuit, they’ll have access to additional evidence-gathering tools in the discovery phase.

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What Could I Recover in a Rear-End Accident Lawsuit in Charleston?

Before filing a lawsuit, your lawyer will assess the total cost of your injuries and losses. There are two categories of losses that you can claim in a lawsuit:

Economic losses – Economic losses are the “hard-number” costs of your lost wages, medical bills, rehabilitation services, and property repairs. Your lawyer will calculate these costs with subject matter experts based on medical documentation, pay stubs, or statements you’ve already received.
Non-economic losses – These intangible losses are not tied to any fixed dollar amount and include emotional distress, physical pain, disability, lost quality of life, and loss of consortium. While some states limit how much compensation for non-economic losses a plaintiff can receive, for car accident lawsuits, South Carolina does not.

In some cases, a judge or jury might award a plaintiff “punitive damages” on top of actual economic or non-economic compensation. Punitive damages are designed to deter other drivers from the negligent behavior that caused your injuries. South Carolina usually limits punitive damages to either $500,000 or thrice the value of your actual damages, whichever is greater.

$1,272,800 Single Car Collision
$125,000 Car collision
$100,000 Car collision
$400,000 Pedestrian v. Car Collision
$130,000 Single Car Collision

Contact Crantford Meehan Today

If you’ve been injured in a rear-end car accident, you can count on the Crantford Meehan team to evaluate your case and guide you through your legal options. Attorneys Christopher J. Murphy, William C. Crantford, and Jerry A. Meehan, Jr. have the tools, resources, experience, and skills to fight both liable parties and their insurance companies for the compensation you deserve. We’ve secured several multi-million dollar verdicts. We have certifications from Garry Spence’s Trial Lawyer’s College and continue to earn high ratings and referrals from our peers. Our consultations are free, and you’ll only pay us if we obtain compensation for you. Contact our Charleston office at (843) 983-2211 today.

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“Helped me through the hardest time in my life “

Crantford Meehan has helped me extremely through the hardest time in my life and has gotten me such an AMAZING recovery after my accident. I highly recommend them to any and everyone I know. Even after my own mother got into an auto accident, they have helped us both successfully move forward with our lives...

Harleigh Tenio
My ‘go to’ for legal help.

Attorney William Crantford has been great! He is my “go to” for legal help.

David Childress
Mr. Meehan was very professional.

Mr. Meehan was very professional. He made sure to address all of the questions and concerns that I had while working with him. I would absolutely recommend Crantford Meehan to anyone looking for an attorney who works hard to get you the best possible outcome.

Nikki M.

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How to Strengthen Your Rear-End Accident Claim in Charleston

To strengthen your rear-end accident claim in Charleston, it’s essential to gather the right documentation and evidence from the very beginning. This includes keeping track of:

Medical records and bills related to your injuries
Police reports detailing the accident
Insurance communication and claim reports
Eyewitness accounts or testimonies
Photographs or videos from the scene of the accident
Records of lost wages or missed work

Having strong evidence and documentation will help your attorney build a compelling case for you, increasing the likelihood of a favorable settlement or outcome at trial.

Frequently Asked Questions

What are the common causes of rear-end accidents?

Rear-end accidents are often caused by careless driving, speeding, tailgating, distracted driving (e.g., texting or eating), driving under the influence, defective vehicle parts, and poor weather or road conditions.
Who can be held liable for a rear-end accident?

The driver who caused the accident by failing to maintain a safe following distance or by engaging in negligent behavior is typically held liable. In some cases, other parties such as the driver’s employer or a vehicle manufacturer may also be responsible.
What do I need to prove in a rear-end accident lawsuit in Charleston?

You must prove the driver had a duty of care, breached that duty, caused your injuries and losses, and that your injuries are directly linked to the accident. This requires clear evidence, including medical records, testimony, and accident documentation.
What types of damages can I recover in a rear-end accident lawsuit?

You can recover economic damages (medical bills, lost wages, etc.) and non-economic damages (pain and suffering, emotional distress, etc.). In some cases, you may also be awarded punitive damages to punish the at-fault driver.
Do I need to go to court for a rear-end accident case in Charleston?

Most rear-end accident cases are settled out of court. However, if a fair settlement cannot be reached, your attorney may take the case to court to pursue full compensation for your injuries and losses.
How long do I have to file a lawsuit for a rear-end accident in Charleston?

In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. It’s crucial to contact an attorney as soon as possible to ensure you meet all deadlines.