Rear-end collisions happen nearly anywhere in Snellville. Sometimes you are driving down the road when a speeding motorist comes up from behind and smashes into you. In other situations, you could be parked at an intersection when a driver fails to stop in time and goes right into your backseat. Regardless of where the accident happened, these wrecks leave occupants with painful, sometimes life-changing injuries.
Who is at fault in a rear-end collision? This question has no easy answer. Sometimes the driver of the car in front is to blame, while in other situations the motorist in the car behind is at fault. Call Griffin Law Firm, P.C. to speak with a Snellville, GA car accident lawyer. We want to hear what happened in your rear-end collision.
Assigning Rear End Collision Fault
One myth is that the driver of the car in the back is always to blame because it hit or struck the car in front of it. Often, it’s the case that this driver is at fault, but this isn’t a hard-and-fast rule. Instead, we need to analyze the circumstances surrounding the collision. Here are some common rear-end collision scenarios:
- A speeding or distracted motorist crashes into the car in front. The driver in these examples is negligent because they are driving unreasonably. For example, a motorist might be reading a text message while tooling down the road. They don’t see that a red light is up ahead because they are staring at their screen. Consequently, they crash into a car waiting for the light to turn green. The distracted motorist is at fault.
- A tired or drunk driver falls asleep and plows into a car stopped at an intersection. This driver is also at fault because reasonably careful people do not drive while chemically impaired or tired.
- A dangerous driver pulls out directly in front of another car. We see this type of rear-end collision all the time. An impatient motorist waiting in a parking lot jumps into traffic and pulls right in front of a car. Unsurprisingly, there isn’t enough time for the driver to stop and avoid a crash. The driver of the car in front is to blame because they didn’t wait until there was enough room to enter traffic. Although their car was struck, this driver is negligent and at fault.
- An impatient driver merges into traffic although there isn’t room. In this example, the impatient driver should have waited until there was enough room to merge safely so as to avoid an accident. They instead darted into traffic and caused the collision, so they are at fault.
- The brakes fail on a car, and a driver cannot stop their vehicle before smashing into a car stopped up ahead. In this example, neither driver is at fault because the faulty brakes are to blame. Fault could lie with a mechanic for not noticing the brake pads were worn or for not servicing the brakes correctly,, or with a manufacturer which sold defective brakes.
- The vehicle in front negligently backs into the vehicle behind them. The driver who was improperly backing is at fault, but it often requires a witness or dashcam to prove who is at fault.
As you can see, we need to carefully investigate the facts to determine rear-end collision fault. It’s not always the case that the driver who crashes into another car is legally liable. Instead, we need to review all the evidence.
Evidence to Determine Who is at Fault for a Rear-End Collision
If we can establish fault, we can negotiate a settlement with the at-fault defendant’s insurance company for compensation. Of course, we can point the finger at the defendant and blame them. But it’s much more effective to have solid evidence backing up our claim. A bald accusation is rarely successful.
What evidence is helpful to determine fault rear-end collision?
- Dashcam footage. Dashcams are a great investment because they show what happened in the seconds before a collision. For example, the dashcam might show that someone darted directly in front of you and precipitated the collision. If you have a dashcam, share the video with your attorney. Sometimes another motorist has a dashcam and they stop, so we can ask to use their video, also.
- Witness testimony. Very few accidents are recorded on video, unfortunately. Instead, we rely on eyewitness testimony. Witnesses include any passengers in your car, as well as motorists on the road who stop. Talk to all witnesses and ask for a way to get in touch with them, and then share this information with your attorney. You are also a witness, but insurance companies will suspect you are telling a self-serving story.
- Physical evidence. Skid marks on the road can show that one driver tried to swerve or stop in time, which suggests they were cut off. Take photographs.
- Defective parts. Did a defect in a car lead to a collision? If so, the defective part is a critical piece of evidence. Call an attorney quickly, because we might want to inspect all vehicles involved in the crash. We can work with expert witnesses to see if a defect exists that might have contributed to the accident.
This evidence helps establish rear-end collision fault. Other evidence is necessary to bring a case, such as medical records which establish the severity of your injuries and proof of your economic losses, like medical bills and car repair estimates. Our personal injury attorney can provide useful tips for how to strengthen your legal claim and use advanced strategies to negotiate the highest possible settlement. Some of these strategies include obtaining a permanent impairment rating, using the most advanced jury verdict research, ordering life care plans to show the future medical costs, and using economists to show future loss of income.
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Griffin Law Firm, P.C., has grown our reputation in the legal community by providing high-quality legal advocacy to personal injury victims. Please reach out to talk with our team about your rear-end collision or personal injury case. Contact us today for a free consultation.