Moncks Corner Rear End Accident Lawyer
Rear end accident claims often seem straightforward at first. But they are difficult to prove and resolve. Therefore, only the most experienced Moncks Corner rear end accident lawyer should handle them.
Rear-end collisions usually cause serious injuries, mostly head injuries. The sudden and unexpected violent motion causes the brain to violently, and repeatedly, slam against the skull. The resulting injuries are usually permanent. Dead brain cells don’t regenerate. Such injuries usually affect both drivers in both vehicles.
These cases are very difficult to analyze. So, our team never takes the police report or any other preliminary evidence at face value. Instead, we keep looking, so we can accurately determine your legal rights. So, if you or a loved one was in a rear end accident, always ask our professionals to evaluate the matter. You do not know how much compensation is available until you ask.
Moncks Corner Rear End Accident Lawyer and Liability Issues
Insurance and law enforcement investigators almost always assign fault to the rear-ending driver in these situations. But there’s a difference between fault and liability, just like there’s a difference between a halftime score and a final score. Second-half comebacks often affect the results of football games, and legal doctrines often shift fault and liability determinations.
Last clear chance is a key legal doctrine in these situations. It’s based on the simple principle that all drivers have a duty of reasonable care at all times, regardless of what other drivers do or don’t do. This duty requires drivers to avoid accidents if possible.
If Sheila was stationary, perhaps waiting at a red light, when Brenda struck her from behind, Sheila was, most likely, powerless to prevent that accident. However, if Sheila was moving at the time, she probably could have avoided a crash by changing lanes, especially if she saw Brenda coming toward her.
If a driver has the last clear chance to avoid a wreck and does not take advantage of that opportunity, that driver could be liable for damages, even though that driver did nothing wrong.
Significantly, there’s a difference between the last clear chance and any possible chance. SOmetimes, rear-end crashes happen so quickly that they’re unavoidable. Other times, if a driver suddenly changes lanes, that evasive maneuver might cause an even worse collision.
Furthermore, South Carolina is a comparative fault state. So, if the last clear chance doctrine doesn’t apply but both drivers contributed to the wreck, some compensation might be available, even if you rear-ended another driver. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Evidence Issues
If the police report’s fault conclusion does not support the liability determination, a Moncks Corner rear end accident lawyer must find additional evidence to support a negligence claim. A vehicle’s Event Data Recorder often provides the necessary proof.
An EDR is an onboard computer that, depending on the gadget’s make and model, measures and records important vehicle operational data, such as:
- Speed,
- Engine RPM,
- Steering angle, and
- Brake application.
An attorney, often working in partnership with an accident reconstruction professional, puts these pieces of evidence together like the pieces of a jigsaw puzzle.
Unless lawyers act quickly, this vital evidence is usually unavailable. Frequently, insurance companies “accidentally” destroy EDRs. So, a lawyer must quickly send a spoliation letter, which orders the insurance company to preserve all possible physical evidence for future inspection. Therefore, it’s important to not only speak with a lawyer, but also speak to a lawyer as quickly as possible after an accident.
Work With a Diligent Berkeley County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced Moncks Corner rear end accident lawyer, contact The Stanley Law Group. We routinely handle matters throughout the Palmetto State.
