You were driving down the road when the vehicle in front of you stops without warning and you rear-end them. It is at that point, you realize they had been slowing down but there was no warning because the brake light was out.
You then want to point out to the responding officer that it was not your fault because the other driver did not have a brake light functioning to warn you of the slow down and impending stop.
However, you might want to know that argument won’t necessarily work, but it could make a difference in the overall outcome of a personal injury claim.
The Brake Light Problem
Vehicles are equipped with brake lights for a reason. Brake lights will notify other drivers when a car is slowing down, so they can take the appropriate actions. If you don’t see a brake light, you must pay extra close attention to realize the car is slowing down.
When a brake light goes out, the driver must be attentive to the situation and have it replaced. Routine maintenance is essential to a vehicle’s safety. Failing to have a brake light replaced can result in a citation for a burnt-out brake light and it could also be considered as a contributing factor to the accident.
Your personal injury attorney can argue that point and help you pursue a claim against the other party for his or her role in the crash.
Who’s at Fault If You Rear-End Someone With No Brake Lights?
The driver of the car that caused the rear-end accident will likely be at fault, which is the driver who is driving a car with no brake lights. This is normally the front car. When an accident like this happens, be sure you aren’t held responsible for the rear-ender if you are driving the rear vehicle you should make sure the responding officer checks the brake lights and notes that they were not working in the police report. This will help prove the other driver was at fault and will be held responsible for paying for repairs to damaged vehicles and the medical expenses for anyone who was injured in the accident.
Often, a driver of a car does not know the car’s brake lights are not working. However, not knowing this doesn’t mean the driver will not be considered responsible for the rear-ender. What should happen when the police officer attends the accident site is a citation should be given to the driver whose car brakes are broken. This means this driver is now blamed for the rear-ender.
Every year in the United States, around 1.7 million car accidents are rear-enders, causing hundreds of thousands of serious injuries and deaths. If you hit a vehicle in front of you because its brake lights are not working you may be able to prove the driver of the car in front is to blame so you can claim compensation from the offending driver’s insurer for vehicle damage and medical expenses if someone was injured.
Consult With a Personal Injury Attorney
If you have been involved in a collision where you rear-ended a vehicle that has a burnt-out brake light, you should consult with a personal injury attorney.
A personal injury attorney will investigate the crash, determine the percentage of fault for each driver, and then determine if you can pursue a personal injury claim against the other driver for his or her failing to replace the brake light in a timely manner. An attorney may able be able to help you write and submit a car accident demand letter.
Complete the Free Case Evaluation Form today to get your claim on the right track!
