Georgetown Rear End Accident Lawyer
Many victims believe they have no legal or financial rights in these cases. Insurance and police investigators almost always assign fault to the rear-ending driver. If they were “at fault,” they assume they aren’t entitled to compensation, regardless of the other facts. Other people believe they have an absolute right to compensation. If the other driver was at fault, they assume the insurance company will fold faster than Superman on laundry day and quickly offer them a big cash settlement.
Both these assumptions are untrue. Both categories of victims need an assertive Georgetown rear end accident lawyer from the Stanley Law Group on their side. Fault is a preliminary determination based solely on the evidence immediately available at the scene. Liability is a final determination based on all the facts in the case, as well as the legal doctrines which may apply. Liability, like the final score in a football game, is the only result that matters.
Georgetown Rear End Accident Lawyers and Car Crash Injuries
A violent rear-end collision normally seriously injures people in both vehicles, mostly because of the extreme motion in these cases. These injuries affect different people differently. Head injuries are a good example, as follows:
- Severe Traumatic Brain Injuries: The extreme motion of a rear-end wreck, as opposed to a trauma impact, often causes an sTBI. Initial mild symptoms, like minor pain and disorientation, soon give way to much more severe symptoms, like chronic severe headaches and violent mood swings.
- Post Traumatic Stress Disorder: A stress-induced chemical imbalance causes PTSD. A one-time extremely stressful event, or the cumulative effects of lesser events, shrinks the hippocampus (part of the brain that controls logical responses) and expands the amygdala (emotional responses). This imbalance, which is difficult to treat, causes symptoms like nightmares, anger, and depression.
- Moderate Traumatic Brain Injuries: An mTBI is basically a concussion. These wounds are usually temporary and not serious, unless the victim had prior concussions. If that’s the case, a subsequent concussion could cause CTE (chronic traumatic encephalopathy), a progressive degenerative disease affecting people who have sustained repeated concussions.
If a pre-existing condition, like a prior concussion or stressful experience, contributed to a rear-end crash injury, like CTE or PTSD, a Georgetown rear end accident lawyer can still obtain maximum compensation in these cases, since the eggshell skull rule usually applies.
People, or in this case lawsuit defendants, cannot use a victim’s vulnerabilities (a pre-existing condition or “eggshell skull”) to receive a financial windfall (pay lower damages). If anything, vulnerable victims deserve additional legal protection.
Liability Issues
We mentioned legal doctrines in rear-end collision cases above. Contributory negligence and sudden emergency are two of the biggest ones.
Comparative fault shifts blame from one driver to the other one. If Bob slams on his brakes to avoid hitting a pedestrian, whom Bob didn’t see, and Larry crashes into Bob, they might both be partially responsible for the collision.
In these situations, jurors must divide legal responsibility 50-50, 80-20, or another proportion, according to the evidence presented.
South Carolina is a modified comparative fault state with a 51 percent threshold. So, if Bob sues Larry, he’s entitled to a proportionate share of compensation if he is not more than 49 percent at fault for the collision.
Sudden emergency is a complete defense to negligence. Drivers are immune from legal action if they reasonably react to a sudden emergency. However, a stopped-short or stalled car is an everyday hazard, not an unexpected sudden emergency. Therefore this rule usually does not apply in rear end collision cases.
Work With a Hard-Hitting Georgetown County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Georgetown rear end accident lawyer, contact the Stanley Law Group. We do not charge upfront legal fees in these matters.
