In a rear-end collision, most people automatically believe the driver in the rear is at fault. While this is often true, it’s not always the case.
If the lead driver changes lanes or enters a lane unsafely, drives under the influence or brakes suddenly for no reason, for example, they could be found at fault. If you’re not sure who is at fault in your rear-end collision, contact a personal injury attorney for help.
The driver at fault is liable for damages to the other driver or passengers involved. A car crash lawyer Newport Beach can explain your options if you’ve been injured in a rear-end collision.
As mentioned above, the rear driver is often at fault in a rear-end collision, but this is not a rule. Determining who is at fault in an accident is important because that decides who is liable for damages to other people involved.
Liability is shown by determining each driver’s negligence and what percentage of the accident was caused by that negligence. Your car wreck lawyer will help you prove your true liability, if any, in your accident.
Car accident negligence is shown through a person’s failure to drive with care or by their violation of a traffic rule or law, including:
An injured person can receive compensation for their losses and suffering by filing a lawsuit with the help of a Newport Beach car accident lawyer. The damages they receive can include:
While many rear-end collisions are caused by the rear driver being too close, the lead driver is sometimes found at fault. This is usually due to their reckless or negligent behavior behind the wheel, including:
If any of the conditions above apply to your accident, work with auto accident lawyers Newport Beach to help prove your case.
One common cause behind rear-end crashes is the lead driver braking quickly, causing the driver behind them to hit the vehicle. A rear driver could blame the lead driver for braking too fast; however, the rear driver can still be found at fault in this situation. Talk with a car wreck lawyer Newport Beach for help if this applies to your accident.
In California, state laws require drivers to leave each other enough space. The laws do not specify a distance. Instead, they call for drivers not to follow more closely than is “reasonable” when the driver considers the speeds and traffic on the road and the roadway’s condition.
Since the safe following distance depends on road features and conditions, a driver has to adjust according to their situation. Driving at night, on wet roads, in stop-and-go traffic, with soft brakes or on loose gravel, for instance, could all merit an increase in following distance.
Driving while distracted is on the rise all over the country. According to The National Traffic Highway Safety Administration, 2,841 people died in distracted driving accidents in just 2018 alone.
Most people link driving while distracted to mobile phone use, but it can involve anything that causes a driver to take their eyes off of the road. Looking at a GPS, changing the radio station, grooming, eating and even adjusting a steering wheel while driving are all forms of distracted driving.
When the rear driver is distracted, they could be considered negligent. However, the lead driver might be found negligent if they were the ones driving distracted and had to brake suddenly, causing the rear vehicle to crash into them. This type of situation is tricky because each driver can claim the other is fault — the lead driver for being distracted and the rear driver for following too closely — so speak to a car crash lawyer for help if this applies to your accident.
While the driver in the rear may seem like the one at fault in a rear-ending accident, that’s not always the case. Liability may fall on the front driver if they were on the road with broken tail lights or if they “brake checked” by slamming on their brakes for no reason.
A standard known as “comparative fault” applies in California car crashes. Even if you were partly to blame in an accident, your car crash lawyer could still help you get partial damages.
Under comparative fault, each driver receives a percentage of the fault for the accident based on their actions. The responding law enforcement officer at the scene will create a detailed accident report by interviewing both drivers and any witnesses. They will also examine the scene for debris and skid marks that can help determine what happened. Your insurance company will also conduct their own investigation. When you hire an accident attorney like Accident Lawyers Firm, you’ll have one more investigator on your side to help argue to the courts that you should receive minimal fault.
The courts will then decide which percentage of the blame each driver has. This percentage is used to decide damage allocation.
For instance, Driver A and Driver B are in an accident, and their auto accident lawyers Newport Beach have to take the case to court. The jury decides that Driver B is 80 percent liable and Driver A is 20 percent liable. Driver A is then able to recover 80 percent of the damages involved from Driver B.
After a rear-end collision, you might believe you’re stuck handling your medical costs, lost work wages, car repair, and any other losses you suffered. In reality, you can take steps to receive the compensation you’re entitled to by working with an experienced injury attorney. Our attorneys take an aggressive and personalized approach to each case so that our clients receive maximum compensation. Contact our office to set up a free consultation!