While most of the time a rear-end collision is blamed on the driver who is operating the vehicle that hits a vehicle in front of it in the rear, not all rear-end collisions are the fault of the back vehicle. Several factors must be looked at when fault is determined.
If you are being blamed for a rear-end collision and you weren’t at fault, you should consult with a personal injury attorney. With the help of a lawyer, you might be able to successful dispute the rear-end collision and pursue a personal injury claim against the other driver.
Causes of Rear-End Collisions
Almost a third of all car crashes are rear-end collisions, according to the National Highway Traffic Safety Administration. There are several ways that the driver of the vehicle in front could be at fault for the crash. Here are a few example scenarios where the front car might be considered at fault:
- Driver in front reverses suddenly
- The brake lights of the front vehicle do not function
- A vehicle breaks down and the driver fails to turn on the hazard lights
- A driver stops suddenly to turn and then doesn’t turn
- A vehicle stops illegally in the roadway
In some cases, the driver in front might admit to one of these actions. At other times, the driver might place blame on you and allege that you were following too closely, distracted, or speeding. Eyewitnesses might be able to vouch for you. Also, the point of impact, the severity of the damage, and the location of the vehicles might be able to tell the tale.
How Negligence Comes Into Play
If you can prove negligence, then you can have a successful personal injury claim. There are four elements to negligence.
The first element is duty. You must show that the driver had a duty. In this case, the driver has a duty or responsibility to avoid situations that could lead to the injury of others. That duty was breached when the driver reversed suddenly or didn’t have his brake lights replaced in a timely manner. Now, you need to prove that breach caused the accident. In this case, that breach resulted in you not knowing that the vehicle was stopping or already stopped. The end result was the crash that led to the damages you suffered.
Damages That You Might Suffer
You should maintain documentation to support your damages. This documentation should include repair estimates, medical expenses, proof of lost wages, photos of damages and injuries, and the accident report. Here are some common damages that might result:
- Medical expenses
- Property damages
- Loss of earnings
- Pain and suffering
- Permanent scarring
- Long-term disabilities
- Mental trauma
- Loss of consortium
Consult With a Personal Injury Attorney
If you want to dispute a rear-end collision, you should consult with a personal injury attorney. Accident injury lawyers work on a contingency basis, so you have nothing to lose and no out of pocket expenses. Complete the Free Case Evaluation Form to get your case underway today!
