A rear-end collision – usually called rear-end or in the UK a shunt; occurs when a vehicle crashes into the one in front of it. The rear driver in a rear-end collision is not often at fault in a rear-end collision accident. Liability in a rear-end collision is not always automatic; sometimes the other vehicle or the lead driver is liable for the collision of injured drivers’ damages.
More so, the lead driver may be at fault in a rear-end accident, if the lead driver was driving recklessly or negligent, including drunk driving, intentionally trying to get hit, driving with broken brake lights, or reversing into the rear car. The driver who’s responsible for causing the accident may be accountable for the other drivers’ and passengers’ damages – in a personal injury lawsuit.
How Do You Truly Know Who’s at Fault in a Car Accident?
Determining the person accountable for a rear-end collision might be complicated. Even more so, legal specialists at foylelegal.com/blog/hit-from-behind-car-accident/ say it’s hard to know there is a difference between who’s legally at a fault and who caused an accident and realizing who is at fault – there will be consequences on the party whose insurance will be required to pay for the damage on vehicles and properties, and more so, which driver might be held responsible for personal injuries.
Generally, the driver is wholly responsible for an accident – and also, that driver’s insurance carrier will be billed for all damages caused by the accident. Many states have specialized and complicated systems for determining who’s at fault, whereby a large part of the blame will be dedicated to each driver that had any part in causing the accident and even more so, each driver who failed to avoid the accident. This can result in different monetary commitments from their respective insurance providers and for each party in respect to the accident.
In most examples, any driver violating a traffic law will be held responsible for a resulting car accident. More so, If one of the drivers is issued a citation for running a traffic light, speeding, or another violation, the driver will most likely be largely at fault, and be responsible for the heaviest burden of the resulting penalty – but this isn’t, however, a universal truth. An instance; if a driver cuts different lanes of traffic to turn, and in turn, causes cars behind him/her to hit their brakes, thus making one driver fail to stop on time, rear-ending another vehicle. The primary cause of the accident will be the driver lane-crossing or driving recklessly, and more so, the driver who failed to stop in time will primarily be at fault – and might be cited for following too closely. Vehicles that are in the rear are usually in the perfect position to avoid an accident and will still be at fault if an accident occurs, even if it resulted from the actions of another.
Who is at fault in a rear-end collision?
In most rear-end car collisions, the person at fault is the rear driver. Nonetheless, the rear driver is not always at fault in a rear-end collision. More so, the lead driver or another vehicle could be the cause of the rear-end accident.
Finding who is at fault in a car collision is important because it dictates who is accountable for paying other drivers’ damages. The penalty can be shown by concluding what percentage of the accident was caused by the driver’s negligence and if a driver was negligent.
Negligence in a car accident can be known well enough by knowing if the driver violates a traffic law or rule, even more, failure to drive with care, including distracted driving — which includes driving with headphones on — speeding, tailgating, texting while driving. Injured complainants can get compensated for their injuries, by filing a personal injury lawsuit.
Passengers and drivers alike, injured in a rear-end accident can seek compensatory injuries after an accident. These damages can include: medical bills, lost earnings, pain, and suffering, car repair costs, lost wages, survivor damages for wrongful death, loss of consortium damages for a partner or spouse.
What To Do If You Are Involved in an Accident Even If It Is Not Your Fault
This might be hard to soak in but every single year, millions of people are affected by motor vehicle accidents. These accidents can vary from serious accidents to minor fender benders that cause awful injuries, thus affecting people physically or emotionally. But the truth is; knowing how to react immediately after an accident occurs, can help victims strengthen their case and protect their legal rights.
These are a few steps to take if you’re involved in an accident that isn’t your fault:
Check for Injuries
This is the foremost important step after an accident. What you’ve got to do is check the passengers or drivers for any form of injury. If they — the passengers and drivers — have any form of injury; call for emergency help immediately. Quickly respond to an injury as this can make a major difference between life and death.
Try to Call the Police
Although some jurisdictions don’t require you to do this, it is cool that you immediately call the police after an accident occurs, so you can make a statement yourself online; hours or even days after the accident. An official police report can help in many ways, including getting the impressions of officers when they — accidents — are fresh.
Please Don’t Talk
Aside from the essential dialogue to describe to the police officer what transpired, try to avoid talking at the scene of the accident. Anything you say to other drivers or even worse if another person overhears anything you say; it can be used against you. Don’t make any affidavits in any way that imply you’re responsible for the accident. You shouldn’t say words like – I should have seen you, or I’m sorry.
You Could Be Given A Probation Sentence
Even if you don’t get sentenced – given jail time due to your DUI conviction, you might be given a probation sentence, and the terms are determined by the sentencing judge. More so, if you fail to meet the terms of the probation the chances that you can be sent to jail are high.
Finally, you can contact a lawyer, if you are seriously injured – you should contact a personal injury lawyer. A lawyer like that can handle communications between you and the insurance companies and in turn, make suggestions to strengthen your legal claim and case.