Rear End Collision: Who’s at Fault?

If you have rear-ended another driver, whose fault is it? This is a really difficult question to answer without knowing the details of a particular case, but there is general information you may want to know about rear-end collisions.

Proof can be hard to come by

If you were driving and the person in front of you slammed on the brakes, are you liable if you hit that vehicle? This type of accident happens often and for various reasons. The person could have been experiencing ‘road rage’, the person could have been distracted, another driver could have done the same thing causing a two or more car accident; the list goes on.

Even if you think that the person in front of you may have hit the brakes maliciously, it’s up to you to prove that they have (the same is true if you think that person just wasn’t paying attention). While driving it may seem obvious what the problem is, but this is difficult to prove. Even if you have a passenger with you, you still need to show that you were not following a vehicle too closely.

CloseDriving

Most of the time, the driver who rear-ended the other driver will be at fault. Why? If you maintain a car distance between you and the other driver (as required by most states), you will not rear-end the car in front of you. There are some circumstances in which this might not be true, however it depends on the specific facts of each case.

some exceptions

Here are some situations that can override the “driving too close” rule mentioned above:

  • The driver in front of you did not have their brake lights on or their lights were not working

  • The driver suddenly put his vehicle in reverse.

  • A car is stopped and does not have its hazard lights flashing

Keep in mind that it is up to each driver to be aware of potential hazards, follow a safe distance, and remain vigilant while driving. If you have been rear-ended into another car, be sure to file a police report.

Injured after being rear-ended

If you were hit from behind and are being sued, you may have two cases. First is his injury claim against the driver who rear-ended him. Second, you need to defend yourself against the driver who was injured when you hit you and claims it was his fault. Obviously, things can get complicated quickly, so be sure to contact a qualified and experienced attorney today. The person who hits you has to prove that you were driving recklessly, and you need someone on your side to prove that you were driving properly.

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