I braked and a car hit me from behind who's fault is it?
Rear-end collisions are one of the most common types of car accidents, accounting for around 30% of all traffic crashes in 2019.
They can cause serious injuries and damages, especially if the impact is forceful or the vehicles are traveling at high speeds. But who is at fault for a rear-end collision, and how can you prove it?
The general rule is that the driver of the rear vehicle is at fault for causing a rear-end collision. This is because drivers are expected to maintain a safe following distance from the vehicle in front of them, and to pay attention to the road conditions and traffic signals. If the rear driver fails to do so, and hits the vehicle in front of them, they are presumed to be negligent and liable for the accident.
However, there are some exceptions to this rule. In rare cases, the driver of the front vehicle can also be at fault for a rear-end collision, or share some of the blame with the rear driver. This can happen when:
- The front driver suddenly reverses or stops without warning or reason
- The front driver has faulty brake lights or tail lights
- The front driver makes an unsafe lane change or turn
- The front driver is driving under the influence of alcohol or drugs
- The front driver is involved in a hit-and-run or a chain-reaction accident
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In these situations, the front driver may have acted recklessly or carelessly, and contributed to the cause of the rear-end collision. Depending on the state laws, this may affect their ability to recover compensation from the rear driver, or reduce the amount of damages they can claim.
To prove fault for a rear-end collision, you will need to gather evidence that shows how the accident happened and who was responsible for it. Some of the evidence that can help you establish fault include:
- Police reports
- Witness statements
- Photos and videos of the scene and the vehicles
- Medical records and bills
- Vehicle repair estimates
- Traffic laws and regulations
You may also need to hire an expert witness, such as an accident reconstructionist, to analyze the evidence and provide an opinion on who caused the accident and why.
Read Also: Why Drivers Need Medical Insurance: Safeguarding Health and Finances
If you have been injured in a rear-end collision, you should consult with an experienced car accident lawyer who can help you protect your rights and pursue fair compensation from the at-fault party. A lawyer can also help you deal with the insurance companies, negotiate a settlement, or file a lawsuit if necessary.
Read Also: From Lap Belts to Three-Point Safety Belts: A History of Vehicle Restraint Systems
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