Are You Always At Fault If You Rear-End Someone?
Posted on May 7, 2020 in Personal Injury, Traffic
There is a kind of rule of the road that says that if you rear-end someone in a car accident, the person who hit the other vehicle from behind is at fault. But is this always the case?
There are instances and circumstances where the person who is rear-ended may also be partially at fault. Below, we will look at some examples of such situations and some defenses for rear-end accidents.
When the Driver Who Is Rear-Ended Is At Fault
One of the most common examples of when a driver who is rear-ended may be partially at fault for the accident is improper lane usage [link]. This would include an improper lane change, such as failing to signal properly when changing lanes. Another example would be a driver who makes an illegal merge or improper merge according to posted roadside directives.
Additionally, if someone is hit from behind but their brake lights are malfunctioning or not working, they may be partially at fault for the accident. Other examples that may constitute fault could include failure to execute a turn or a sudden reversal against traffic.
Other vehicular malfunctions, such as a breakdown or flat tire which results in a rear-end collision could also place the driver in front at fault.
If the Driver Who Was Rear-Ended Committed Negligence, They May Be at Fault
In a legal sense, determining fault comes down to determining negligence. Essentially, negligence is when a person fails to adhere to safety laws or acts in a way that may cause harm to others.
Many of the above examples can constitute negligence. For example, failure to keep your car up street legal standards, or failure to adhere to traffic laws.
If you were involved in a rear-end accident and the driver you hit can be shown to be guilty of negligence, you may be due compensation for any injuries or damages to your vehicle or property. However, you must be able to prove that negligence was committed in a court of law.
Defenses For Drivers Involved In a Rear-End Accident
Determining and proving negligence in a court of law can be a complex and difficult task. You will need to build a comprehensive case, involving witnesses, testimonials, and police reports. Details and documentation on damages, whether bodily injuries or damages to your vehicle or property, will also need to be included.
If you want to be successful and pursue compensation for your damages, you will need an experienced car accident attorney on your side. The attorney will help you assemble evidence and proper documentation to build your case. They will conduct interviews and communicate with the police and insurance companies.
If you hit somebody from behind, proving that you are not totally at fault will be an uphill battle. You’ll not only be working against conventional wisdom, but the law as well. That’s why it’s important to find the right attorney to fight for you.
Bloom Legal Will Help You Build a Winning Case
It’s important to understand that each car accident has its own unique circumstances and contingencies. A good defense is one that is customized and designed specifically for your case. At Bloom Legal, we work hard to construct a defense that will have the highest chance of success for you.
Our car accident attorneys help the people of the New Orleans area attain the compensation they deserve for their injuries. We understand that accidents happen, and make it our mission to make sure people do not suffer unnecessarily.
If you or someone you know has been involved in a rear-end collision, give us a call today for a free consultation and to find out how we will fight to get you the full compensation you deserve.