Car wrecks can come out of nowhere, seriously affecting your life in ways you couldn’t have possibly imagined. While all car accidents are stressful, one of the worst types of an accident to be involved in is a rear-end car accident, especially if you’re the driver who initiated the wreck. After rear-ending another vehicle, many drivers wonder if they are automatically at fault for their wreck.
Fortunately, even if you were the colliding driver, it’s possible you may not be at fault in your accident, which means you need to learn as much as possible about how fault is determined in rear-end cases. Learn more about negligence and fault in rear-end cases and find out how to defend yourself after you’ve been involved in a rear-end car accident.
Negligence in Car Accidents
In car accident cases, one of the biggest factors in deciding who was at fault for the accident is examining negligence. While on the road, drivers must act in a responsible manner most likely to protect other vehicles on the road, and if a driver has acted irresponsibly, then they are considered to be negligent.
In rear-end car accident cases, there are a number of negligent actions that can point to fault in your case. Some of the most common negligent actions to be aware of including not obeying posted speed limits, tailing the car in front of you too closely or failing to maintain control of a vehicle.
Ways the Rear-Ending Driver Can Avoid Fault
After understanding more about how negligence plays into rear-end accidents, it’s helpful to learn a few ways that you may be able to avoid fault in your case, even if you were the rear-ending driver.
Primarily, the best way the rear-ending driver can prove that they weren’t at fault is by proving that the other driver failed to give them enough time to break. Secondly, you could demonstrate that the struck driver failed to yield or did not properly use their turn signals. Finally, if the driver was intoxicated when you rear-ended them, then you may be able to shift the blame in your car accident.
Different Levels of Culpability
Finally, when it comes time for responsibility to be assigned in your case, you need to understand the negligence rules that are applicable in your state. For car accident cases, fault is assigned through either comparative negligence or contributory negligence.
States that operate under contributory damages rules require one driver to be completely at fault, and if you can prove the other driver in your case contributed at all in the accident, then you should be able to avoid costly damages.
Most states, however, use comparative negligence rules, which assigns a percentage of the blame on both drivers. If you live in a comparative negligence state, the amount you will have to pay out will directly correlate what percentage you are deemed responsible.
Get Legal Help After Your Car Accident
When you’ve rear-ended another driver, you can find yourself in a very precarious situation, with your very livelihood at stake. After your car accident, your first step should be to get legal representation from Braker White.
Our legal team is dedicated to helping people like you win their personal injury suits so that you can move on with your life after a serious accident. Contact us today to find out how we can help you.
Recent Comments