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Information collected by the National Highway Safety Administration found that in 2019, rear-end accidents account for 32.5 percent of all car crashes. Of those 2,194,000 rear-end accidents, 1,597,000 people were injured and 2,346 accidents were fatal.
Although it seems pretty clear, determining who is responsible for these accidents isn't always simple. People assume that the driver in the rear car is liable, and most of the time, they are. However, this isn't always the case, and these accidents take a little longer to investigate. Law enforcement, lawyers, and judges must carefully examine rear-end accident cases to determine who is the at fault driver.
In the article below, we will go over how to establish who the negligent driver is in a rear-end collision.
Automatic liability isn't usually imposed regardless of the type of accident you've been in. Although rear-end collisions are more likely, an investigation will always be conducted to determine who is truly at fault.
The following are some of the most common reasons why rear drivers are frequently found to be at fault in these types of collisions:
Speeding or driving too fast for road conditions
Failing to maintain their vehicle because of faulty tires or brake failures
Distracted driving such as texting and driving
Failure to keep a safe distance (tailgating)
These are all reasons that the rear driver may be at fault for the accident, but the front driver may still share some of the liability even if the rear driver did any of the above.
In a rear-end collision, the leading vehicle may be at least partially to blame. An unsafe lane change is the most common reason for a lead driver being accused of driver negligence.
If a rear-end collision occurs as a result of a driver changing lanes directly into the path of an oncoming vehicle, that driver may be held legally liable for the collision. Although this is still considered a rear-end collision, the underlying safety hazard was created by the front driver.
The front car could also be to blame for a rear-end collision for the following reasons:
Non-functional tail light or a broken brake light
Reversing into the rear vehicle
Reckless driving
Failing to use a turn signal
The lead driver was driving erratically due to drunk driving or intoxication/impairment
Turning into traffic without enough distance from the approaching vehicle
Distracted driving such as using a cell phone
"Brake-checking" the tailing driver
The approaching vehicle's distance and speed will also determine how much liability the front car bears for the accident.
If the rear vehicle was traveling at a safe speed but lacked the time and space to stop, they may be only partially responsible.
You're stuck behind another car at a stoplight. You are suddenly struck from behind by another vehicle. Due to the collision force, your car moves forward and collides with the vehicle in front of you. Are you responsible for the other driver's rear-end collision?
This question does not have a single correct answer. In most cases, if you rear-end another driver, you will be held liable for the accident. This could be true even if you were forced into the vehicle in front of you. Why? You must maintain a safe distance between yourself and other vehicles even when you are stopped.
The specifics of your case, however, will ultimately determine fault. For example, if the driver who rear-ended you was driving at a high rate of speed, you may not be liable. A high-speed collision's force could potentially propel your vehicle a long distance. As a result, the fact that you left a full car length between you and the car ahead of you may not be significant.
Sometimes third parties are the at fault parties and can be held liable in a rear-end collision.
Parties that could be liable in a rear-end collision include:
Government agencies or city governments that failed to repair road hazards
Tire blowouts or brake malfunctions because of defective parts from manufacturers
Pedestrians that unexpectedly step into traffic
Other drivers who run red lights or engage in other negligent behaviors
People involved in other accidents that are blocking the road
The fault for an auto accident may not be obvious, even after a rear-end collision. Many people don't know what to do after an accident to protect their health and rights.
Your car accident attorney can assist you in many ways. An experienced lawyer can evaluate your situation, conduct an investigation, and help you determine who was at fault for your accident.
In most rear-end collisions, the driver in the rear is to blame, although this isn't always the case. Your lawyer can assist you in determining culpability by examining your situation. Your attorney can be your adviser while you fight to seek justice in your case by helping you gather evidence such as; photographs, traffic light camera footage, eyewitness accounts, or need an expert in accident reconstruction.
Your lawyer can assist you in bringing your claim once you've established the fault in your case. An experienced legal team will also help you determine whether you have the right to financial recovery from the other driver or a third party and their insurance company. They may need to write an insurance company demand letter on your behalf.
They can also advise you on whether you should accept a settlement offer or go to trial based on their knowledge and experience. As you work together to reach the best possible outcome, your experienced car accident attorney serves as your advocate, guide, and teammate at every stage of the case.
Contact Helping the Hurt if you've been in a rear-end collision. Our personal injury attorneys handle the complicated legal process of determining fault and filing an accident report. so that you can focus on your physical recovery, The personal injury law firms we refer out to are the best in the business.
Our lawyers offer free consultations, so you can better understand your case. Contact our office today so we can get you the compensation you deserve.
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