Rear End Collision: Whose Fault? Can you file a Lawsuit?
Being involved in a rear-end accident is bad. But it’s worse when you are stopped at a stop sign or a red light. These types of accidents are more than just disgusting fender benders. Depending on the type of vehicle, these accidents can result in serious injuries or death.
So, what happens in a rear-end accident? The answer is pretty simple: a driver hits another driver’s vehicle in the back area.
Whose fault?
Rear-end collisions can be prevented, but in some cases, there is nothing you can do about it. The tailing driver is usually the one at fault. They caused the incident because of their actions or failure to act. Probably they didn’t pay attention as expected or were simply impaired. Besides, a rear-end collision means that the tailing driver didn’t leave adequate stopping distance between the two cars. Or, the tailing driver was speeding and couldn’t decelerate enough when necessary.
However, there are exceptions. For instance, if a day-dreaming driver breaks hard, probably after seeing someone ahead, their late notice would force the tailing driver into a rear-end collision. Thus, the collision was the hit car’s fault.
Comparative negligence could also be another cause of rear-end accidents. A driver is perceived negligent if they don’t show a reasonable level of care when necessary. Remember, all drivers have a duty to stay safe on the road, and if any of them fail to perform their duty, it’s negligence. If you get involved in a rear-end accident, you should prove that it was the other driver’s negligence that caused the collision.
Most rear-end accidents are complex, and unless you have an in-depth knowledge of the accident law, it’s wise to get help with your case from a competent attorney.
Rear-end collisions aren’t trivial
You probably know a handful of people who have been in various rear-end accidents and were lucky enough to walk away from the incident unscathed. However, you may not be as lucky. In addition to the apparent damage to the rear end of the car, there may be invisible damage to the vehicle’s lock mechanism, frame, and other parts of the vehicle.
Though your insurance company may be ready to cover your vehicle repair expenses, it may not cover medical bills related to the accident. Note that rear-end accidents can lead to critical neck and head injuries that may not manifest instantly but may end up costing you thousands of dollars to treat. That means one of the best ways of recovering these vehicle-related and medical damages is rear-end accident lawsuits.
Therefore, victims of rear-end collisions can sue for property damages and get compensated. In case you were seriously injured, you may lose your income and incur medical expenses. In worst cases, rear-end collisions can cause permanent injuries or death. When these unfortunate situations show up, you must be compensated. Thus, it’s wise to get help with your case and get a personal injury lawyer to file a lawsuit. The court will determine whose fault and award a settlement to the accident victim.
