4 FAQs About Car Accident Claims Involving Rear-End Collisions

February 7, 2022
cars on side of road after rear-end collision

If you were recently hurt in a rear-end collision, you are not alone. Roughly half a million Americans are injured in such accidents every single year.

Of course, knowing you’re not alone doesn’t necessarily make the aftermath any easier. Sustaining unanticipated injuries is enough to threaten most people’s financial security.

The good news, however, is that you may be entitled to compensation. South Carolina applies a fault-based system to car accident claims, which means those who cause wrecks are usually responsible for the associated damages.

If you’re wondering what pursuing a payout entails, here are the answers to some of the most frequently asked questions on the subject:

1. How Do You Prove Liability for a Rear-End Collision?

The kinds of evidence you’ll need to demonstrate fault will depend on the underlying cause of the crash. Following most rear-end collisions, however, victims usually require at least a few of the following:

  • Black box data,
  • Eyewitness testimony,
  • Vehicle maintenance records,
  • The official police report,
  • Toxicology reports, and
  • Cell phone records.

2. What Kinds of Damages Can You Recover After a Rear-End Collision?

In South Carolina, car accident victims can typically pursue compensation for all the expenses—both direct and indirect—that they would not have incurred had they not been hurt. Examples include medical bills, lost wages, the cost of reasonably necessary replacement services, and the cost of repairing or replacing their vehicle.

South Carolina also recognizes non-economic damages like pain and suffering, mental anguish, and loss of enjoyment in life. The extent of these damages can be demonstrated using journal entries, statements from loved ones, and evaluations from mental health professionals.

3. How Long Do You Have to Take Action Against a Reckless Driver?

South Carolina’s statute of limitations for most personal injury actions is three years. An exception applies to state law negligence claims against government entities, however, which must be brought within just two years.

4. Do You Need to Hire a Lawyer to File a Car Accident Claim?

Car accident victims are entitled to represent themselves during any subsequent legal proceedings. Because there’s often a lot at stake, however, it’s worth seeking help from a strategic professional. Certainly, any complex legal proceedings require experienced counsel to achieve the best results.

A seasoned attorney will be equipped to handle virtually every aspect of your claim, from investigating the circumstances surrounding the crash and gathering evidence to logging damages and corresponding with the insurance adjuster. This, in turn, will allow you to focus on your health and your family.

Thankfully, most reputable car accident lawyers work on a contingency fee basis, so you’ve got nothing to lose by reaching out and discussing your situation.

Discuss Your Case with a Car Accident Lawyer in South Carolina

For detailed advice on your car accident claim that is based on experiential wisdom, turn to Hodge & Langley Law Firm. Backed by more than 50 years of collective experience, our firm has the knowledge and resources to pursue recovery from negligent parties. To set up your free case review with our car accident attorneys in South Carolina, complete our Online Contact Form or call 864-585-3873.



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