Who Is At Fault In A Car Accident Rear Ending

When determining who is at fault in a rear-end collision, the answer is usually the vehicle behind or the vehicle “oncoming”. Some states support presumptive legislation that generally blames the driver behind, either from following too closely or from distracted driving. These collisions often happen when the driver is distracted and does not have time to react to the vehicle in front. Examples may include when a driver merges or turns in front of another vehicle without sufficient clearance. These incidents are not common and are difficult to prove. Proving fault in these cases requires looking at the actions of each driver that led to the accident and gathering enough evidence to support the claim.

Frequency and causes of rear-end collisions

A study shared by the National Highway Traffic Safety Administration (NHTSA) found that rear-end collisions account for about 29% of crashes involving serious injury or death. The study also pointed to a number of circumstances leading to this type of collision. The researchers noted that these accidents often occur when the vehicle is “in the lead”:

• Driving at a slower speed than an oncoming vehicle.
• Start decelerating.
• Has come to a complete stop.

In most of these crashes, distracted driving hampered the reaction time of approaching drivers. Without looking at the road, the vehicle driver cannot observe the speed of the leading vehicle and brake or steer to avoid a collision. Tails are another common reason for rear-end collisions, which is why many states have laws that regulate the appropriate distance between vehicles.

When the Main Driver May Be Faulty

Under certain circumstances, it could be argued that the vehicle leading in a rear-end collision was at least partially at fault. According to the same study NHTSA shared, these incidents are relatively rare. When they do occur, they may be related to the main driver:

• Merging in front of another vehicle without providing enough space.
• In traffic without enough distance between oncoming vehicles.
• Driving erratically due to intoxication or other functional impairment.
• Back into the car behind.

Read more: Tit-for-tat Whether or not the driver of a vehicle in the lead is at fault can depend on the speed and distance of the oncoming vehicle. If the driver behind is traveling at a safe speed but still doesn’t have the time and space to stop, he or she may be partially responsible.

Consequences of consequences

The consequences of ending up from behind can range from mild to severe. Some rear end sections have a devastating impact depending on the severity of the collision. Data from the Insurance Information Institute (III) reports that in 2017, the rear end accounted for 7.2% of all crash-related deaths. Get a lawyer involved. However, even victims of low-speed rear-end collisions can be seriously injured in the days or weeks that follow, according to Canadian Family Physician. Some of the injuries resulting from this type of auto accident include:

• Bruises from seat belts, steering wheel and/or airbags
• Whiplash
• Cracked ribs
• Backache
• Headache

Besides the physical consequences, rear-end collisions can also cause varying degrees of damage to vehicles in traffic. This can range from dented bumpers and damaged lights to a misaligned tailgate and steering column. The most serious accidents may even involve the accumulation of multiple vehicles and vehicles in total.

Hold accountable for faulty drivers

If you were injured in a recent rear-end run and believe another driver was at fault, you may be eligible for compensation. Your case must provide evidence establishing negligence on behalf of the other driver. Read more: Teenagers track down parents who sold him as a newborn

• Eyewitness statements from drivers and nearby passersby.
• Traffic camera footage of the intersection or the roadway where the collision occurred.
• Records of severity and location of damage on both vehicles.

Whether you’re driving the front or rear vehicle in a rear-end collision, an attorney can help you claim if you have a case.

Get help from an auto accident lawyer

If you’re not sure who is at fault in a rear-end collision you’ve just experienced, a car accident attorney can provide clear information. In some cases, you may be eligible for compensation even if the other driver is only partially at fault. If the actions of another driver caused the crash, we can also help you build your case and pursue an award for your injuries and losses. Call 800-959-1444 today for more information. Read more: Who knows what evil lurks in a man’s heart

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