Rear-end collisions or crashes are some of the most common types of motor vehicle accidents. A previous study by the National Highway Traffic Safety Administration (NHTSA) shows that at least half of vehicle accidents reported each year in the United States are rear-ended crashes.
These accidents are also responsible for a plethora of injuries, fatalities, and property damages. If you are involved in a rear-end crash, you may want to seek compensation for your damages, and this has to start with determining who is at fault.
Though many people assume that the driver who rear-ended the car in front of them is always at fault, this is not always the case. Here is what you need to know about who’s at fault for a car accident and why you need to have a car accident attorney.
Proving Negligence
Fault in rear-end crashes is not automatic. It is mostly determined by negligence. In this type of accident, the negligent driver is held liable for damages and injuries to the drivers, passengers, and property. To recover damages, the victim has to prove that the defendant was negligent, and this may not be easy, especially if the defendant fails to admit guilt.
While determining fault, the plaintiff’s lawyer has to prove that the defendant failed to uphold traffic laws or drive with care. They will need to show evidence of the following:
- Distracted driving, such as the use of a mobile phone or driving with headphones
- Fatigued driving
- Driving while under the influence of alcohol or any other intoxicating substance
- Tailgating
- Aggressive driving, such as speeding, road rage, and more
If the defendant is guilty of any of the above causes of accidents, they will be negligent and liable for the accident.
How to Determine if the Lead Driver Is at Fault
Though the rear driver causes most rear-end collisions, there are some cases where the lead driver fails to use reasonable care and could be liable for any injuries or damages. The lead driver can be at fault if they:
- Back-up or reverse into the rear vehicle
- Brake suddenly
- Drive with broken brake lights
- Pull out in front of another vehicle
- DUI
- Fail to use sufficient warning signs
If sudden brakes caused the accident, the rear driver might also be partly responsible for the accident, especially if they did not leave enough following distance. Your lawyer will carefully look at the accident’s details to know if the rear driver is also responsible.
Fault in Multiple Vehicle Accidents
Sometimes, rear-end crashes involve more than two vehicles. This mostly causes a chain reaction where the vehicle in the rear hits the car in front of them, which then hits the car in front, and so on. Such accidents are mostly caused by the following:
- Negligent or reckless driving
- Hazardous road conditionssuch as icy roads
- Traffic Jams
- Brake failure
In most cases, the car that rear-ended the first vehicle is often to blame for the accident. However, there are instances where the accident was caused by hazardous road conditions, the vehicle’s faulty brakes, or parts failure. In such cases, the manufacturer of the vehicle or local authorities may be to blame, and proving that they are liable is never easy.
Call a Car Accident Attorney
When you are involved in any type of rear-end crash, you will need an attorney to help you prove negligence and also negotiate your compensation. While it may seem easy to assign blame, you will have to prove that the defendant’s actions led to the accident, and only an experienced attorney can help you out. Get in touch with a car accident attorney in your area to help you protect your rights.
