You were driving down the road when suddenly you were distracted and hit another vehicle from behind. You have heard that the driver in the back car is always at fault for a rear-end collision, and now you are wondering if there is a chance that is not always the case. There are, in fact, times that the car in front could be considered to blame for a rear-end collision. Here are a few reasons why the driver of the front car could be considered at fault and liable for the crash:
- The driver has a mechanical problem, such as a flat tire, and fails to turn on the hazard lights or does not get the car off the roadway
- A driver suddenly stops in the roadway to turn then decides not to turn
- The driver fails to signal and is planning to turn onto another street
- The brake lights on the vehicle do not work
- The driver suddenly reverses his vehicle and crashes into the front of your car
Any of these infractions could lead to determining that the driver of the front vehicle was negligent. That way, he or she is at least partially to blame for the crash that resulted. These crashes usually require intensive investigations and in-depth evidence to prove what happened and why it happened. Personal injury attorneys will negotiate with the auto insurance companies.
Comparative Negligence and Contributory Negligence
While very few states use this approach anymore, if a state uses contributory negligence and a driver can show that the other driver’s negligence contributed to the accident at any degree, he or she is barred from recovering any damages through a personal injury claim. If a state uses comparative negligence, a driver’s liability could be reduced if it is proven that the other driver is partially to blame. If it is pure comparative negligence, liability is split by the driver’s percentage of fault for the crash. If it is modified comparative negligence, liability is split according to the percentage of fault up to a specific amount, which is usually 50%. If a driver is more than 50% at fault, he or she cannot recover damages.
Consult with a Personal Injury Attorney
Car accidents can be complicated. If you have been involved in a rear-end collision that you do not believe is your fault, consult with a personal injury attorney right away. Don’t give away your right to a personal injury claim to recoup compensation for your losses. An accident injury lawyer who is licensed in your state will be familiar with the laws regarding such crashes and can determine the best way to proceed with your claim. With the help of an attorney, your odds of a successful claim increase significantly. To get your claim underway effectively and efficiently, complete our Free Case Evaluation Form. Personal injury attorneys work on a contingency basis, so you have nothing to lose. Your lawyer will not be paid until you are compensated for your damages.
