Taking All The Blame: Who Is At Fault In A Rear-End Collision?
One of the most universally known things about auto accidents involve rear-end collisions. The general idea that floats around is that if you rear-end someone, no matter the circumstances, you're automatically at fault. There's some truth to that, but it's not an unassailable idea. Here's what you really need to know about rear-end collisions.
Is What People Say about Rear-End Collisions True?
If you rear-end someone, chances are you are 100% liable. In the majority of cases, there's no way to defend a rear-end collision.
- You were following too closely
- You wasn't paying attention
- You were negligent in your duties as a driver
It's hard to convince any court, judge, or insurance company that you were paying careful attention. If you were, then there's no way you still managed to accidentally rear-end someone through no fault of your own.
So When Is it the Lead Driver's Fault?
It seems as if the lead driver is always absolved of any guilt in a rear-end collision. That's not always true. There are actually numerous situations in which the lead driver is liable for a rear-end collision.
If the lead car:
- Stops suddenly when it should keep going, such as when there's a green light
- Stops suddenly to avoid an animal or something on the road
- Stops to make a turn, but doesn't execute the turn
- Merges into your lane too close for you to stop or slow down quickly
- Suddenly goes in reverse
- Has broken brake lights
- Blows a tire or suffers some other malfunction
There are some other narrowly defined situations, but as you can see, it's not always the rear car's fault. However, different states and counties handle these on a case-by-case basis. Even in the listed examples, there's a chance that liability will be split rather than one driver taking all the blame.
A lot of the time, it will come down to your word against the lead driver's. In such cases, an investigation from the insurance company will likely occur. Usually, these investigations will come down to the nature of the damage to the vehicles.
What If You're Injured In the Accident?
If your rear-end collision results in you suffering an injury, then it's imperative that you speak to a car crash attorney immediately. If you take on all the liability, then the only thing that can help you with your medical bills and possible wage loss is your own insurance options. If your insurance can't cover it, then you're on your own.
If you and your lawyer can prove the lead driver holds partial or full blame, then you can seek the compensation you deserve from the accident. For more information, contact The Jaklitsch Law Group or a similar firm.
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