Who’s At Fault in a Rear-End Collision in South Carolina?

Twenty-nine percent of car accidents are rear-end collisions. Jordan Law Center explains who is at fault for a rear-end collision in South Carolina.

Who’s To Blame for a Rear-End Collision in South Carolina?

Because the law requires drivers to leave a safe following distance behind other drivers, the driver in the back is usually to blame for a rear-end collision in South Carolina. However, there may be situations where the rear driver is not at fault for a collision, such as when the vehicle ahead has missing brake lights or if they obstruct traffic.

What is a rear-end collision?

A rear-end collision is one where both vehicles are traveling in the same direction at the time of impact. The vehicle in front is stopped or traveling at a slower rate of speed, and the vehicle in the back hits the vehicle in front.

Understanding Fault in Rear-End Collisions

Rear-end collision fault is usually straightforward. The driver in the back is almost always at fault.

South Carolina law requires drivers to leave enough following distance for the vehicle in front of them.

A driver must consider the environment—traffic, weather, visibility, curve of the road—and determine how much following distance they need.

Generally, enough following distance is what will allow a vehicle to stop if the vehicle in front of them stops. Adequate stopping distance varies based on vehicles and circumstances.

South Carolina Rear-End Fault Law

South Carolina Code § 56-5-1930 is the law used most often to establish fault for a rear-end collision. The law says:

The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent.

The law goes on to say that what is reasonable and prudent depends on traffic and highway conditions. The law doesn’t directly say it, but generally, if a driver can’t stop for the vehicle in front of them, the driver is following too closely.

South Carolina’s “following too closely” law is like laws in other states. North Carolina’s “following too closely” law is the same. (N.C.G.S. § 20-152). However, North Carolina has a different comparative negligence law than South Carolina, so case results may be different between states.

Is the Rear Driver Always at Fault in South Carolina?

No. Although the rear driver is usually at fault for an accident in South Carolina, there are exceptions. A driver is not at fault just because of their vehicle position.

Circumstances Where the Driver in the Back May Not Be at Fault

• No brake lights—If the vehicle in front does not have working brake lights, the vehicle behind may not see them stopping.
• Erratic driving —A vehicle in front may have impeded traffic by wildly varying its speed or otherwise driving recklessly.
• Backing up—Both vehicles are stopped, such as at a light, and the vehicle in front purposefully backs up.
• Mechanical failure—Brake failure or another mechanical issue that is not because the driver failed to maintain the vehicle may prevent the driver in the back from stopping in time.
• Tailgating or road rage of a third vehicle—Another vehicle behind the colliding vehicles was tailgating or acting out of road rage. The vehicle behind was pressured to speed up.
• Road conditions—Dangerous road conditions like debris or poor visibility may cause a vehicle to react unusually.
• Improper lane change—If a driver suddenly cuts another vehicle off, they may be at fault if a rear-end collision occurs.
• Insurance fraud—A vehicle may pull in front of another vehicle and then slam on the brakes intentionally to cause an accident and commit insurance fraud.

While it is rare, a rear-end collision can be someone’s fault other than the vehicle in the back.

How South Carolina’s Comparative Negligence Laws Apply

It may be possible that multiple parties are at fault for a rear-end collision. For example, the driver in front may have failed to signal a turn, but the vehicle in back failed to stop. Road design may have made it difficult for the second vehicle to stop, but they should have adjusted their driving behavior.

South Carolina uses a system of modified comparative negligence. This means that legally, fault can be shared among multiple parties. Even if someone is partially at fault for an accident, they may still receive some compensation. South Carolina’s system is modified, which means that if a driver is more to blame than others combined, they are barred from recovery.

If you’re involved in an accident, know that the fault may be complex. You may have a path to compensation, even if someone says that the accident is partially your fault.

Evidence Used To Establish Fault

Evidence used to establish fault for a rear-end collision includes the following:

• Witness testimony
• Party admissions
• Dash cams and other video
• Debris, skid marks
• Vehicle inspection, mechanical evaluation
• Road design
• Accident reconstruction
• Vehicle data recorders
• Cell phone use and records

Evidence often consists of a combination of witness testimony and evidence from an investigation.

The evidence needed will vary from case to case.

How a Car Accident Lawyer Can Help

A car accident lawyer can help with the following:

• Preserving evidence quickly
• Reporting the accident to the insurance
• Evaluating fault, regardless of the position of your vehicle
• Looking for exceptions and rare circumstances that may be present in your case
• Fighting claims that you are responsible for the accident
• Building evidence of fault and damages
• Working with experts to investigate and analyze the crash
• Negotiating your compensation

Whether you were in the vehicle in front or the vehicle in the back, a lawyer may help you with your case.

Talk to a Lawyer

Are you wondering if you have a compensation claim? Do you need help proving fault for a rear-end collision?

At Jordan Law Center, we are experienced, aggressive trial lawyers. We’re happy to handle complicated cases. We don’t just fight for our clients—we get results in the courtroom. To talk about your case and see how a lawyer can help, contact us now.