North Carolina Rear-End Collisions: Determining Fault And Filing Lawsuits

A rear-end collision takes place when the front of one vehicle strikes the rear of another. These commonly occur at stop lights and stop signs and are often the result of another driver speeding or engaging in distracted driving or another form of reckless driving.

Rear-end accidents can cause serious injuries, and responsible parties should be held accountable for the damages they have caused.

The Charlotte car accident attorneys of The Nye Law Group want you to better understand rear-end accidents and how fault is determined. If you need legal help following a rear-end collision, contact us today for a free, no obligation legal consultation.

REAR-END COLLISION INJURIES

When a vehicle is hit from the rear, serious injuries can result even when the impact occurs at a low speed. Injuries tend to be more severe and can even result in death if the accident occurs at high speed.

Common rear-end accident injuries include:

• Whiplash
• Facial injuries
• Head trauma
• Concussions
• Lacerations
• Bruising
• Spinal cord injuries
• Traumatic brain injuries
• Soft tissue damage

DETERMINING FAULT

Typically, the driver of the vehicle that rear-ends another car is found at fault for the accident. If it is a multi-vehicle rear-end collision, the driver of the vehicle at the very rear of the chain of vehicles is often responsible.

However, there are some cases where the driver in the front is responsible for the collision or shares responsibility because his or her actions contributed to the crash. For instance, if you were rear-ended by a speeding car and your taillights were out, you would be partially liable because your taillights might have caused the other driver to brake earlier to avoid a collision.

SHARED FAULT IN A REAR-END COLLISION

Unfortunately, North Carolina’s contributory negligence law prohibits injury victims from recovering any compensation if their actions played any role in the accident, even if the other driver was 99 percent responsible for the crash.

However, North Carolina has a last clear chance doctrine, which could allow you to recover compensation even if you hold some fault in the accident. This doctrine states that injury victims can recover compensation if they were partially at fault if they prove two things:

• They were in a dangerous situation after their act of negligence and were unable to avoid the crash.
• The other driver had a clear chance to avoid the accident but failed to take it.

An attorney can help you gather needed evidence, secure expert testimony and reconstruct the accident to try to accurately determine who was at fault for the crash.

COMPENSATION FOR A REAR-END COLLISION

In North Carolina, you can file a personal injury lawsuit to recover compensation for damages associated with a rear-end car accident. Damages that may be awarded in a rear-end car accident case include:

• Medical costs
• Lost wages
• Pain and suffering
• Property damage

If you lose a loved one in a rear-end accident, you may be able to file a wrongful death lawsuit to recover additional forms of compensation, such as:

• Funeral and burial expenses
• Loss of companionship
• Lost income of the decedent

A Charlotte personal injury lawyer can assist you with valuing your claim and pursuing all of the forms of compensation you deserve.

CONTACT OUR CHARLOTTE CAR ACCIDENT LAWYERS

The Charlotte car accident attorneys of The Nye Law Group are prepared to conduct a thorough investigation to collect evidence in support of your claim. Our goal is to recover the fair compensation you deserve for medical bills, lost wages, and pain and suffering.

Learn about your legal options by scheduling a free, no-obligation case consultation with our firm. We accept cases on contingency, so you do not pay a fee unless we recover compensation for you.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.