At Johnson, Johnson, Whittle, Lancer & Staggs, we understand how disorienting a car accident can be—especially a rear-end collision that happens when you least expect it. As personal injury attorneys serving Aiken and surrounding areas in South Carolina, our car accident lawyers in Aiken often get one key question from potential clients: “If I was rear-ended, is the other driver automatically at fault?”
While the answer is often yes, there are important exceptions under South Carolina law. In this post, we’ll walk you through how fault is determined in rear-end collision in Aiken, when that presumption can be challenged, and what you should do if you’re ever involved in one of these crashes.
Understanding Rear-End Collisions
Rear-end collisions occur when a vehicle collides with the back of another. Typically, both cars are traveling in the same direction. However, the leading vehicle travels at a slower speed than the car behind or is stopped, thereby resulting in a collision.
These accidents are among the most common types of motor vehicle crashes in South Carolina and across the country. Rear end crashes are the most common type of reported vehicle crashes in South Carolina, accounting for as much as 49% of reported crashes.
On the other hand, rear-end crashed account for a lower percentage of reported crashes, sadly, there still common nationwide. According to the National Highway Traffic Safety Administration (NHTSA), nearly one-third of all car accidents in the U.S. are rear-end collisions.
Common Scenarios Leading to Rear-End Accidents
Rear-end crashes often happen in:
- Stop-and-go traffic
- At red lights or stop signs
- During sudden or unexpected stops
- In low-visibility conditions like fog or rain
Typical Injuries Resulting from Rear-end Accidents
Even at low speeds, rear-end collisions can cause serious injuries, including:
• Whiplash
• Back and spinal cord injuries
• Concussions or traumatic brain injuries
• Soft tissue damage
• Chronic neck pain
For more about how we help after car accidents and rear-end collision in Aiken, visit our Car Accident Lawyer page.
Presumption of Fault in South Carolina
In most cases, the rear driver is assumed to be at fault. That’s because South Carolina law requires all drivers to maintain a safe following distance.
Legal Basis
Under Section 56-5-1930 of the South Carolina Code of Laws, a driver “shall not follow another vehicle more closely than is reasonable and prudent,” especially when considering speed and road conditions.
Failing to do so—whether due to speeding, distracted driving (like texting), or tailgating—may result in negligence per se, a legal term meaning the driver broke a traffic law and is presumed negligent.
When the Front Driver May Be at Fault in a Rear-End Collision in Aiken
Although rare, there are situations where the front driver in a rear-end collision in Aiken may bear some or all of the blame:
Sudden or Unnecessary Stops
If the front vehicle stops abruptly with no clear reason—especially in moving traffic—their actions might be considered negligent.
Broken or Non-Functioning Brake Lights
A driver with non-working brake lights may not give sufficient warning to the rear driver, which could shift liability.
Unsafe Lane Merging or Reversing
If a driver merges into a lane without enough space or backs into another vehicle, they may be held at fault.
Staged Accidents or “Brake-Checking”
Unfortunately, some drivers intentionally cause rear-end collisions to commit insurance fraud. These cases require thorough investigation and expert testimony.
Other scenarios that occasion the front driver to take some responsibility in a rear-end collision in Aiken include if they were driving erratically and backing up at the lights.
Comparative Negligence in South Carolina
South Carolina follows the legal principle of modified comparative negligence, sometimes referred to as the 51% rule, as described under SC Code § 15-38-15.
What This Means for You
If both drivers involved in a rear-end collision in Aiken share some fault, a court can assign a percentage of liability to each party. As long as you’re less than 51% at fault, you can still recover damages—though they’ll be reduced in proportion to your share of fault.
Example:
- You’re found to be 20% at fault.
- Your damages total $50,000.
- You can still recover $40,000 (80% of the total).
Proving Fault in a Rear-End Collision in Aiken
Determining liability in a rear-end crash requires solid evidence. Here are some tools we use to build strong cases for our clients:
- Police Reports & Traffic Citations – A police report often includes the responding officer’s opinion on fault and whether any citations were issued.
- Witness Statements – Third-party accounts can provide critical context—especially in disputes over sudden stops or aggressive driving.
- Dash Cam or Surveillance Footage – Video can show what really happened and is often irrefutable.
- Vehicle Damage Analysis – Damage patterns can reveal speed, angle of impact, and sequence of events.
- Accident Reconstruction Experts – When the case is complex, we work with specialists who can recreate the crash scientifically.
- Medical Records – Prompt and consistent treatment helps establish that your injuries were caused by the accident—not a preexisting condition.
What to Do After a Rear-End Collision in Aiken
Knowing what to do in the moments following a crash can significantly affect your health, your rights, and your potential claim.
If you have been involved in a vehicle accident or rear-end collision in Aiken, it’s vital you follow these steps:
Step #1: Get Medical Help Immediately
Even if you feel fine, get checked out. Injuries like whiplash or internal damage may not be apparent right away.
Step #2: Call the Police and File a Report
A police report can be essential when filing a claim or lawsuit.
Step #3: Take Photos and Gather Info
Photograph both vehicles, license plates, damage, skid marks, and road conditions. Get contact details from witnesses.
Step #4: Don’t Admit Fault or Speculate
It’s natural to feel flustered, but avoid statements like “I’m sorry” or guessing what happened.
Step #5: Contact a Personal Injury Attorney
Legal representation ensures your rights are protected and increases the chance of a full and fair recovery.
At JJWLS, consultations are always free for personal injury cases. So, call us following a rear-end collision in Aiken at (803) 649-5338 or reach out via our contact form.
Protecting Your Rights After a Rear-End Collision in Aiken, South Carolina
While South Carolina law generally places the blame for a rear-end accident on the rear driver, each case has its own facts and complexities. Whether it’s a faulty brake light, sudden stop, or shared negligence, determining liability requires a thorough review of the evidence.
If you’ve been injured in a rear-end collision in Aiken, you don’t have to navigate the legal system alone. At Johnson, Johnson, Whittle, Lancer & Staggs, we’re here to help you understand your rights, build your case, and fight for the compensation you deserve.
Contact us today at (803) 649-5338 for a free consultation. Let’s discuss your options and help you move forward with confidence.
