If you were rear ended in a car accident in South Carolina, the driver behind you is usually at fault. State law requires drivers to leave enough room to stop. Fault can shift in a few cases, and the insurance company will look for them.
Who is at fault in a rear end collision in South Carolina?
Most of the time, the driver who hit you. South Carolina Code Section 56-5-1930 says a driver “shall not follow another vehicle more closely than is reasonable and prudent.”
So if you were stopped at a light in Orangeburg and a pickup plowed into you, that’s a following-too-closely problem. Rain doesn’t excuse it. The law says to factor in the road.
Is the rear driver always at fault? Not always, but that’s where it starts.
When can the front driver share the blame?
Say your brake lights were out. Or you cut in front of someone and stopped short. Or you backed up into the car behind you. The insurance company will argue you caused part of the crash.
South Carolina uses comparative fault. That means blame gets split by percentage. The state Supreme Court set the rule in Nelson v. Concrete Supply Co. in 1991. You can recover if your share of the fault “is not greater than” the other driver’s. Your recovery shrinks by your share.
Take a hypothetical case where you braked hard for a dog. The driver behind you was on their phone. A jury might put most of the blame on that driver and a little on you. You’d still have a claim.
This is why a recorded statement matters. “I stopped kind of fast” can turn into a percentage later.
What injuries are common after being rear ended?
Neck and back injuries lead the list. Your head snaps back, then forward. Whiplash, a strain of the soft tissue in the neck, is the best known.
Headaches, shoulder pain and numbness in the arms can follow. So can a concussion. Some symptoms take time to show up. We wrote about eye floaters and vision problems after an accident, which surprise people.
See a doctor soon, even if you feel fine. A gap between the crash and your first visit is something the insurance company will point to.
Does a small dent mean you weren’t hurt?
It doesn’t. Bumpers are built to take a hit. Your neck isn’t.
You may hear an adjuster say the damage was “minor,” so the injury must be too. That’s an argument, not a medical opinion. Photos still help. Our post on taking useful car accident photos shows what to capture.
What should you do after being rear ended?
Do these in order, as you’re able:
- Call 911 and get a police report.
- Photograph both cars, the road and any skid marks.
- Get names and numbers from witnesses.
- See a doctor soon, even if you feel okay.
- Talk to a lawyer before giving a recorded statement.
Wilson Law Group, LLC has also written about what to do after a car accident that wasn’t your fault.
South Carolina sets a deadline for injury lawsuits, and exceptions exist. Talk to a lawyer about your own dates instead of counting them yourself.
Frequently Asked Questions
Is the person who rear ends you always at fault in SC?
Usually they are. Broken brake lights or a sudden lane change can shift some blame forward.
Can I still recover if I was partly at fault?
You often can. South Carolina lets you recover if your fault is not greater than the other driver’s. Your share reduces what you get.
Should I see a doctor after a minor rear end collision?
You should. Some injuries take time to show, and early records make them easier to prove.
Do I have to give the other driver’s insurance a recorded statement?
You don’t have to. Talk to a lawyer first, because what you say can be used to assign you a share of the fault.
Call Soon After You’ve Been Rear Ended
Chris Wilson and Lauren Dangerfield bring more than three decades of combined experience to crash cases across South Carolina. Read about our work as a South Carolina car accident lawyer. Then call Wilson Law Group, LLC at 803-245-7799 or use our contact page for a free consultation, with no obligation. The filing deadline may look far off. Still, call right away. Dashcam and store video gets erased, witnesses forget, and the other driver’s insurance needs to be found early.
This article is general information about South Carolina law, not legal or medical advice. Reading it doesn’t create an attorney-client relationship.
