If you were rear-ended by a driver who didn’t use a turn signal, then it is obvious that driver is at fault for the resulting crash. When a driver violates traffic laws, he or she is acting negligently. When a driver acts in a negligent manner and a crash results, he or she is liable for the damages that are suffered.
There are four elements of negligence – duty, breach of duty, causation, and damages. In this case, you can easily prove your case. As a driver, you have a responsibility to use duty and care when driving to ensure you don’t injure others. If you breach that duty, such as by following too closely and rear-ending a car or failing to signal, and that breach causes an accident that results in damages that would have been avoided otherwise, you have been negligent.
Damages That Might Result From Such an Accident
A rear-end crash can lead to a variety of damages. Usually, neck and back injuries result from such a crash. You will have medical expenses, future medical expenses, lost wages, and a future loss of earnings. Your car will be damaged, so you will have property damages. Get a written repair estimate from a qualified auto body repair shop. Take photos of the damages and any visible injuries.
Also, keep medical records, proof of missed work and lost wages, and any medical bills. Other damages will include pain and suffering, mental trauma, permanent scarring and disfigurement, long-term disabilities, loss of enjoyment of life, loss of consortium, and more. Your attorney will help you determine which damages you suffered so they can all be listed in your claim.
The Challenge of Proving a Turn Signal Wasn’t Used
Usually, the driver who fails to signal won’t admit that he or she didn’t use a signal. Hard proof that would be accepted in court would either be a video from someone’s dash cam or from a surveillance camera pointed toward the roadway or the statements of eyewitnesses who are not associated with either driver.
Without those pieces of evidence, it might be impossible to show that the other driver didn’t use a turn signal. However, it will be obvious that you were rear-ended by the other vehicle, so the driver will be cited for that by the responding officer.
Consult With a Personal Injury Attorney
If you have been rear-ended by a driver who didn’t give a signal, you should consult with a personal injury attorney. Your lawyer will investigate your accident, gather up evidence and documentation, and help you get your claim headed in the right direction.
Complete the Free Case Evaluation Form on this page to get your details shared with an accident injury attorney. An attorney will review your claim and help you get your case headed on the right track. A statute of limitations applies, so don’t wait until it is too late to recover compensation.
