Rear-end collisions fall under the most common types of car accidents. However, the laws regarding rear-end accidents can be confusing. When such accidents occur, the law seems to be almost always on the front vehicle’s side, but few exceptions exist.
If you rear-ended another driver because of their fault, you are not alone. Lawyers from Dolan Dobrinsky Rosenblum Bluestein, LLP can help establish that the accident was not your fault and hold the other driver accountable for your damages.
Is the rear driver always at fault?
In rear-end accidents, many people presume that the rear-end driver must be at fault for driving too close to the front vehicle or being distracted while driving. And in almost all cases, this is true. This makes the rear-end driver the culprit.
It is a presumption that if you hit another vehicle, you are to blame because you could have stopped your car at the right time if you were following the traffic laws. However, you can fight this presumption by establishing the facts of the case and showing the other driver’s fault.
Evidence is a key and game-changer in legal cases. While rear-end drivers are almost always at fault, you can certainly rebut this presumption by producing evidence of your innocence. If you can successfully establish that the front driver or other parties were negligent, which led to the collision, they can be held liable for your injuries and damages.
Situations where the rear driver is not to blame
There can be various scenarios where the rear driver could not have done much to prevent the collision. Here are a few examples.
- Suppose a driver accidentally pulled into an intersection and then started going reverse. The lead driver did not see your car behind them and crashed into it. It is their fault if they get hit from behind.
- The brakes on your vehicle are defective. Here, it is the manufacturer or company’s fault.
- The tail lights/brake lights on the forward vehicle are broken.
- The forward driver brakes suddenly and unexpectedly without good cause.
Do not assume or admit your fault
When you get involved in a rear-end accident, the insurance company will try to make it seem like the fault is yours. They may also offer you a lower compensation and try to seize your right to file a lawsuit. However, do not agree with them or accept their offer. You must exercise your right to reject their offer and file a lawsuit with the help of an attorney.
When you are the rear driver, you might think it is your fault, and going to court will do no good. However, you should not decide anything without speaking to an attorney first. An attorney can help you discover options you would not have seen otherwise.