Being involved in car accidents, especially rear-end collisions, is frustrating, and wanting compensation for physical and emotional damages may be on your mind. Suing someone after they hit you from behind is an option, but you must understand the legal process for a car accident lawsuit in South Carolina.
Having an experienced Beaufort car accident lawyer by your side can help you know the ins and outs of what to do after a rear-end collision to get maximum compensation.
This guide will explain if it’s possible to sue after a rear-end collision and what steps to take in doing so.
Legal Framework to Sue After a Rear-End Collision in South Carolina
Negligence in Rear End Collisions
In South Carolina, the basis of any car accident claim after rear end accidents is negligence, which often results from common causes such as distracted driving and speeding, and carries significant legal implications for victims seeking compensation. Negligence is when a driver fails to use reasonable care on the road. To prove negligence, the plaintiff must show four elements: duty, breach, causation and damages.
Duty of Care
Every driver has a duty to drive safely and follow the traffic laws. This duty includes maintaining a safe following distance and paying attention to the road and traffic in front of you.
Breach of Duty
A breach occurs when a driver fails to meet their duty of care. Examples are tailgating, distracted driving and speeding. In a rear end collision, the rear driver is often presumed to have breached their duty by not maintaining a safe distance.
Causation
The plaintiff must show that the breach of duty caused the collision and resulting injuries. That means they must prove the accident would not have happened but for the defendant’s actions.
Damages
Finally the plaintiff must show they suffered actual damages from the collision. Damages can include medical bills, lost wages, property damage and pain and suffering.
Presumption of Fault in Rear End Collisions
In South Carolina, there is often a presumption that the driver who rear ends another vehicle is at fault. This presumption is based on the idea that drivers should maintain a safe distance to prevent such accidents. But this presumption can be rebutted if evidence shows the lead driver’s actions contributed to the accident, such as making an abrupt stop for no reason.
Comparative Negligence in South Carolina
South Carolina follows a modified comparative negligence rule. Under this rule, a plaintiff can only recover if they are less than 51% at fault for the accident. If the plaintiff is found to be partially at fault, their damages will be reduced by their percentage of fault. For example, if a plaintiff is 30% at fault they can recover 70% of their total damages.
Statute of Limitations
In South Carolina, the statute of limitations to sue after a rear-end collision is three years from the date of the accident. Failing to file within that time frame usually means you lose your right to recover. It is crucial to consult a personal injury attorney to ensure your claim is filed within the statute of limitations.
South Carolina Lawsuit Process
1. Filing a Lawsuit
The first step in the process is to file a complaint for a rear end collision lawsuit in the correct court. This document states the plaintiff’s claims against the defendant and the damages they are seeking. The complaint must be served on the defendant, notifying them of the lawsuit.
2. Defendant’s Response
After being served the defendant has a certain amount of time to respond to the complaint, usually 30 days. The response can be an answer, admitting or denying the allegations or a motion to dismiss the case.
3. Discovery
Discovery is the process where both parties exchange information and evidence. This phase includes written questions (interrogatories), document requests and depositions. It allows both sides to gather facts and build their case.
4. Pre-Trial Motions
Before trial either party can file pre-trial motions. Common motions are motions to dismiss the case or motions for summary judgment which asks the court to rule in favor of one party based on the evidence gathered during discovery.
5. Settlements
Throughout the process, parties may engage in settlement negotiations, especially in cases of a rear end collision accident. Settlements can happen at any time and are often faster and cheaper than trial. An experienced attorney can help you negotiate a fair settlement.
6. Trial Preparation
If the case doesn’t settle both parties prepare for trial. This includes finalizing evidence, preparing witness testimony and crafting legal arguments. Pre-trial conferences with the judge may also occur to discuss trial logistics.
7. Trial
Both sides present their case to a judge or jury in rear end collision lawsuits. This includes opening statements, witness examinations and closing arguments. The judge or jury deliberates and renders a verdict based on the evidence and legal arguments presented.
8. Post-Trial Motions
After trial either party can file post-trial motions. These can be motions for a new trial or motions to alter or amend the judgment. These motions address any legal errors that occurred during trial.
9. Appeals
If a party is unhappy with the trial result they can appeal the decision to a higher court. The appellate court reviews the trial record for legal errors and can affirm, reverse or remand the case back to the lower court for further proceedings.
10. Collection of Judgment
If the plaintiff wins the case and is awarded damages they may need to take steps to collect the judgment if the defendant doesn’t pay voluntarily. This can include garnishing wages or placing liens on the defendant’s property.
What Determines the Outcome of a Lawsuit?
Evidence of Negligence
Strong evidence such as eyewitness testimony, police reports and photographs is key to proving the defendant was at fault. Clear and compelling evidence can make a big difference in the case.
Severity of Injuries and Damages
The extent of the plaintiff’s injuries and resulting damages are important, often resulting from rear end crashes. Detailed medical records and expert testimony help quantify damages. More severe injuries = more money.
Credibility of Witnesses
Witness testimony can impact the case. Clear and believable testimony helps the plaintiff’s case, while inconsistencies hurt.
Pre-existing Conditions
Pre-existing conditions can make the case more complicated. The defense will argue the injuries weren’t caused solely by the accident. Clear medical evidence linking the injuries to the accident is key.
Insurance Company Tricks
Insurance companies want to pay out as little as possible, often disputing claims from individuals who have been rear ended. Disputing the severity of the injury or the necessity of treatment can impact settlement negotiations. Experienced attorneys can counter these tactics.
Comparative Negligence
South Carolina is a comparative negligence state. If the plaintiff is partially at fault their damages are reduced by their percentage of fault. If the plaintiff is 50% or more at fault they can’t recover damages.
Juror Perception
In trial the juror’s perception of both parties can impact the verdict. Body language, appearance and behavior can affect how they interpret the evidence and testimony.
Meet with an Experienced Beaufort Car Accident Attorney Today!
At McDougall Law Firm, we understand how frustrating it can be to navigate a car accident lawsuit on your own. Our attorneys are dedicated in making sure you build a strong case for your car accident claim. While you recover physically and emotionally, we can guide you in the legal process of how to sue after a rear-end collision. Consulting with an attorney can help you understand your options to sue for a rear-end collision.
Don’t hesitate to contact us today at 843-438-4386!
