Who Is At Fault for a Rear-End Accident in North Carolina?

The driver of the trailing car is usually but not always found to be at fault. While some rear-end accidents are simple fender-benders that result in minor property damage, many others cause serious injuries. A rear-end collision can be devastating. The occupants in the vehicle that is struck from behind often don’t see the crash coming.

Recovering just compensation for your injuries and lost wages after a rear-end collision will require identifying who was at fault.   If you were injured in a rear-end collision in Jacksonville or elsewhere in Onslow County, North Carolina, you should speak with an experienced car accident attorney at The Law Offices of John Drew Warlick, P.A. We are third-generation personal injury lawyers who have recovered millions of dollars on behalf of our clients. We are ready to stand up and fight for you.

We’ve received extensive recognition for the quality of our legal services, including being named one of the best law firms in North Carolina by U.S. News & World Report. We know the disruption that a rear-end accident can cause if you are left with painful neck or back injuries. We are committed to helping you pursue the financial relief you need to move forward with your life.

Waiting too long to contact an attorney about your rear-end accident could end up costing you a chance to achieve a just outcome. Get a free initial consultation with a rear-end car accident lawyer by calling The Law Offices of John Drew Warlick, P.A. in Jacksonville, N.C., or you can visit our contact page.

What Are Common Injuries Sustained in Rear-End Accidents?

Some of the most common injuries from rear-end accidents include:

• Broken bones and fractures – Drivers who see an impending crash may brace themselves for a rear-end accident by tightly gripping the steering wheel. It sounds like a good idea in theory, but the impact from a rear-end crash can force you forward even after bracing yourself, putting intense strain on your body. This pressure is enough to break bones, especially smaller bones in your hands and wrists.
• Damage to soft tissues – Muscle sprains and strains, as well as damage to your ligaments and tendons, are common in rear-end accidents because of the violent impact on your body. Soft tissue injuries can be quite painful, especially if the impact is severe enough to cause these soft tissues to fully tear.
• Damage to internal organs – Your body’s internal organs can suffer damage in a car accident even if nothing penetrates the body. Damage to internal organs is always extremely serious and should be treated immediately.
• Neck and back injuries – Back and neck injuries are quite common in rear-end accidents because drivers and passengers are struck from behind where they’re more vulnerable. Whiplash injuries, which are caused by the body’s whip-like motion after a rear-end impact, can cause intense pain in your neck and shoulders for weeks or months after the accident.
• Damage to the spinal cord – Pressure on the spinal cord can result in ruptured discs and can inhibit your ability to move. If the damage to the spinal cord is severe enough, it could result in permanent loss of bodily function, including paralysis.
• Head and face injuries – If airbags don’t deploy or deploy incorrectly in a rear-end collision, drivers and passengers can end up smashing their head and face into the steering wheel, or other parts of the vehicle. This can result in disfiguring injuries to the face and head.
• Traumatic brain injuries – A sharp blow to the head from a rear-end accident can cause a concussion or a more serious head trauma. A traumatic brain injury may not be immediately apparent, except to trained medical professionals. Traumatic brain injuries are some of the most serious injuries that occur in car accidents. A brain injury can affect your judgment, personality, cognition, and more.
• Emotional trauma – The trauma experienced in a rear-end accident can lead to long-term emotional and psychiatric distress, such as an anxiety disorder, depression, or post-traumatic stress disorder (PTSD).

How Is Fault Determined in a Rear-End Accident in NC?

Determining who is liable for any injuries suffered in the accident will depend on the circumstances of the crash, as well as the available evidence.

It’s generally assumed that the driver in the back in a rear-end collision should have avoided hitting the vehicle in front and therefore is liable for the accident. Drivers have a legal duty to share the road safely and follow other vehicles at a reasonable distance to avoid a collision. But there are situations in which the driver in front acts negligently, such as stopping unexpectedly.

For example, if two cars are traveling down Lejeune Boulevard in Jacksonville and the driver in front stops, but the vehicle’s brake lights are not working, that driver may be found to be at fault for a rear-end accident. If the driver in front suddenly slams on the brakes to make a turn, but then doesn’t turn and is struck from behind, that driver may be held liable for their negligent driving. North Carolina uses a strict contributory negligence standard for personal injury claims. That means you will be barred from recovering compensation if you’re found to have been partly at fault for the accident. Our experienced injury attorneys at the Law Offices of John Drew Warlick push back against attempts by insurance companies to shift the blame for an accident to avoid paying a fair settlement.

Obtaining compensation for your injuries after a rear-end accident depends on the facts of how the accident occurred and the evidence you have to support your case. A police report describing how the rear-end accident occurred and who was involved is an important piece of evidence to making a successful claim A rear-end accident lawyer can help you gather the information you need to make the strongest possible case for compensation.

What Compensation Is Available in a Rear-End Accident in NC?

In North Carolina, accident victims have a right to seek to recover compensation for their losses after a crash caused by another driver. By filing a claim for financial relief, you could potentially recover compensation for:

• Your lost wages and reduced earning capacity
• Your medical bills and related expenses
• Your physical pain and suffering
• Your mental anguish
• Your damaged personal property

When Do You Need Legal Help?

As the examples above illustrate, the specific facts matter in rear-end accidents, and it’s important to have command of all the facts. That’s why it’s important to talk to a knowledgeable personal injury lawyer as soon as possible. North Carolina gives you three years from the date of your injuries to file a personal injury lawsuit.

Get a free initial consultation with The Law Offices of John Drew Warlick, P.A., today by calling our Jacksonville office or filling out our online contact form.

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Robert Warlick

Robert “Bob” Warlick was born and raised in Jacksonville, North Carolina. He graduated from Jacksonville High School and attended the University of North Carolina at Wilmington and Campbell Law School, where he was awarded his Juris Doctorate. Bob has been practicing law in Jacksonville since 1997 with extensive experience litigating claims involving motor vehicle accidents resulting in serious personal injury or death. He has also litigated numerous cases involving complex insurance coverage issues and first-party bad faith insurance claims.