Who Is At Fault in a Rear-End Collision?
Car crashes can occur in different ways, such as head-on collisions and fender benders. However, rear-end collisions are very common. In many incidents, the driver who hits the vehicle in front from behind is usually responsible for any damages that result from the collision.
However, there are exceptions, like when the front driver’s negligence contributed to the crash. In addition to that, the comparative negligence and contributory laws may either eliminate the front driver’s ability to file for compensation or recover damages.
Establishing the liable party
All drivers on the road have a duty to maintain a safe distance from the car in front depending on the speed, road conditions, and other factors. Drivers who violate this duty are negligent, and hence the reason why most will always be found fully or partially at fault for the crash.
However, sometimes the driver whose car gets hit from the back may be at fault for the crash if they suddenly reverse their car or if their brake lights are not functioning properly. In addition, the driver in front may be responsible for the collision if they suddenly hit their brakes for no reason or if their car has mechanical problems, and they fail to move to the side of the road.
Furthermore, lead drivers may be held liable for collisions if they merge in front of another vehicle without allowing enough space, if they turn into traffic without enough space between the approaching vehicle, and if they are driving their car carelessly due to being intoxicated.
In order to prove that a party was accountable for the crash, you must first show that the driver has a duty of care. Moreover, you must prove that they breached their duty by failing to pay attention to the road and stopping within a reasonable time. You can also show the liable party’s negligence by establishing that they failed to yield the right of way, maintain control of their vehicles, follow at a safe distance, use turn signals and drive at a reasonable speed.
Holding liable parties accountable
If you have sustained injuries from a rear-end collision, you can be eligible for compensation. However, in order for your claim to be successful, you must provide evidence that shows the other driver was negligent. Evidence such as eyewitness testimonies, traffic camera videos of the collision, police reports, records of the damage to both vehicles, and medical records can strengthen your case.
In many rear-end collisions, the driver that hits the car in front is usually held liable for compensating the lead driver’s damages such as car repair costs and medical bills. However, rear drivers can also get compensation depending on how the crash occurred.
If you have been involved in a crash, one of the first things you should do is reach out to an experienced and knowledgeable lawyer who can evaluate your case, give you legal advice, help you file your claim, and ensure you get fairly reimbursed for the accident-related expenses and damages you have incurred.