Determining who is at fault in a rear-end collision is not always as straightforward as you might think. Although it is true that the approaching driver tends to be at fault in most rear-end collisions, this is not always the case. Fault is assigned to the party that exhibited negligent conduct. In other words, the drivers’ actions and how safe they were driving in the moments leading up to the crash play a major part in establishing fault.
Why is Establishing Fault in a Rear-End Collision Important?
Rear-end collisions are one of the most common types of car accidents in the United States. The establishment of fault and liability is important because the driver determined to be at fault for an accident is usually responsible for covering the damages incurred by the victim. In most instances, the default assumption is that the driver of the approaching vehicle is at fault for causing the crash. This is due to the fact that drivers are required to maintain an appropriate following distance. In most states, a safe following distance is considered to be about four seconds from the car in front of you. If your total medical bills, lost income, and property damage expenses are more than what your insurance will cover, you might be eligible to receive financial compensation from the driver determined to be at fault.Determining fault quickly is also important because you do not have unlimited time to file your claim. Every state has a statute of limitations. This is the amount of time you are given from the day of your injury to file your claim and seek compensation. If this deadline expires before you file, your case will be thrown out and you will be unable to collect any compensation at all. Each state sets its own statute, so it is important to speak with an attorney from Local Accident Reports and ensure that you do not miss this important deadline.
When is the Approaching Driver at Fault?
Each accident is, of course, unique and who is at fault will hinge on the specifics of each individual case. The approaching driver is, however, typically considered at fault in a rear-end crash. That is because, in most cases, the approaching driver was acting negligently when the accident occurred. Some examples of driver negligence that lend themselves to fault include:
Distracted Driving
Engaging in activities such as sending text messages, making phone calls, eating, drinking, programming the GPS, and personal grooming can lead to the approaching driver not braking in time, and striking the vehicle in front of them. A driver who is distracted has a considerably reduced reaction time and is more likely to cause a serious car accident.
Aggressive Driving
Aggressive driving behaviors, such as tailgating and speeding decrease the amount of time that the approaching driver has to react to the unexpected and prevent a rear-end accident. If the approaching driver follows the rules of the road, their odds of being involved in a rear-end crash are significantly lowered, but driving aggressively will most likely cause the rear driver to be liable should a rear-end accident occur.
Following Too Closely
It is not uncommon for a driver to not leave too little space between them and the vehicle in front of them to be able to stop in time for unexpected traffic or an emergency situation. These types of car accidents are called assured clear distance violations.
Dangerous Driving
An overwhelming majority of car accidents that take place on snow or ice-covered roadways are the result of driving too fast for current road conditions. Even driving at the posted speed limit can be too fast if the roads are wet or slick due to weather and can lead to serious motor vehicle accidents.
When is the Front Driver at Fault?
As previously discussed, where rear-end collisions are concerned, the approaching driver is typically at fault. Sometimes, however, the approaching driver is not entirely or even partly to blame for the damages caused by a rear-end accident. Scenarios in which the front driver might be to blame include:
Backing Into Another Vehicle
If the driver of the front vehicle backs into the car behind them, the driver of the front vehicle is most likely to blame.
Aggressive Driving
If the driver of the lead vehicle was acting aggressively, the approaching driver might not be responsible for the accident. Some common causes of rear-end accidents include swerving in and out of traffic, failing to use their turn indicators, and merging into a lane where there was not enough space.
How Can a Personal Injury Attorney From Local Accident Reports Help My Case?
If you need assistance in establishing fault for a rear-end car accident, an experienced attorney from the Local Accidents Report team can help you build a strong case. You can depend on our lawyers to collect, preserve, and index vital evidence, such as:
- Your police crash report
- Eyewitness statements
- Pictures of the damage done to the vehicles, any visible injuries, and the scene itself
- Your medical records from the day of your injury
- Any available video footage
- Your version of how and why the accident took place and how it has affected the quality of your life
Any and all forms of evidence will help prove negligence. Your attorney will need this in order to show that the other party:
- Owed you a duty of care
- Failed to uphold this duty
- Caused the rear-end accident that subsequently caused your damages
How Can Protect Your Right to Compensation?
If you are involved in a rear-end accident, there are a few steps you can take to protect your right to financial compensation and defend yourself against the insurance company’s underhanded tactics, such as:
- Never speak to anyone from the insurance company. Instead, instruct them to call your attorney.
- Do not post pictures or even talk about your accident on any social media platform.
- Seek medical care as soon as possible after the incident. Not just for your health and well-being but it also establishes a firm timeline and a point of origin for your injuries.
Alternatively, you can also hire a lawyer from Local Accident Reports to handle your case. They have the knowledge and the resources to determine what and who was the cause of your accident and fight the insurance company in court.
Turn to Local Accident Reports After a Rear-end Accident
A rear-end crash can damage not just your physical health but your quality of life as well. Rear-end accident victims often sustain very serious injuries and are forced to miss work when they need money the most. This unwelcome situation will become even more complex when the other party disputes liability. Reach out to Local Accident Reports at (888) 657-1460 to schedule your free consultation and find out what course of action our experienced lawyers recommend for your situation. A member of our team will be happy to get started on your case.
