Is the Rear Driver Always at Fault in a Rear-End Collision?

If you were recently involved in a rear-end car accident, you probably have a few questions about what to do next. Obviously, you need to file your claim with the insurance company. Ideally, they’ll approve your claim, and you’ll receive a check in a week or two. However, if that doesn’t happen, you should get in touch with one of our experienced accident attorneys in East Point. Typically, the rear driver is liable in cases like this. But that doesn’t mean this is always the case. The defendant’s attorney may feel they have a strong enough case to prove that you were at fault.

What you may be wondering is how you could possibly be found liable for this type of accident. If you were the front driver, how could you have caused the crash? The truth is that there are certain situations in which the front driver does bear some of the responsibility. For example, if your brake lights weren’t working, the other driver will argue that it’s all your fault. If this is the case, there’s a good chance the court would agree that you were partially at fault. The good news is that your East Point injury lawyer can still get you damages, even if you were partially at fault.

Here, we will talk about what the possible outcomes of your rear-end collision may be. If you were recently involved in a car crash and have questions about your case, give us a call. We will schedule your free, initial consultation over the phone or you can do so through our website.

The General Rule is That the Rear Driver is Responsible in a Rear-End Collision

Most people know that, in most instances, the rear-driver is the one held liable in rear-end collisions. It’s one of the first things people learn once they’ve been driving for a while. Even when you’re first learning how to drive, your parents probably warn you time and time again not to tailgate. There’s a reason for this. You don’t want to get so close to the other driver and end up smashing into them.

By the same token, you need to pay careful attention to the person behind you. If someone is riding your bumper, you have two options. You can make the mistake a lot of our clients make and let them get just close enough before you speed back up. Or you can make a smarter decision and let the person pull ahead of you, so you don’t have to worry about them hitting you. Unfortunately, you don’t always have the chance to avoid an accident.

rear-end collision

The Rear Driver Has the Last Chance to Prevent the Accident

One of the reasons the rear driver is often considered at fault is because they have the last chance of preventing the crash. If you’re in the front vehicle, you don’t see what’s about to happen. Even if you did notice the rear car coming up too close to your bumper, you probably aren’t able to move forward. You are probably at a red light or in a line of traffic. You are like a lame duck sitting there in your car. One minute you’re waiting for the light to change and the next, you’re getting hit from behind.

Years ago, before we had statutes and specific laws for each state, there was something called the common law. Under common law rules, the person who has the last chance to prevent an accident was required to do so. If they failed to do this, they would be found liable. The rules have changed a bit. Today, if you can show that the car in front of you created the position you’re in, you can get away without paying full damages.

Our goal is to make sure this doesn’t happen to you. We suggest that you call our office and schedule your free, initial consultation. We will do our best to get you and your family the compensation you deserve. Since the consultation is free, you don’t have to worry about paying anything upfront. Instead, you can sit down and discuss your case with someone who knows the law and knows that it’s on your side.

You Need to Focus on Recovering from Your Injuries

People are so quick to sue the other driver, they forget about taking care of themselves. One of the reasons we recommend that people call one of our East Point injury lawyers right away is so that you can focus on getting better. We understand that you want damages. That’s our main objective – to get you the compensation you deserve. At the same time, you need to focus on your health as well. That’s why it’s such a good idea to hire an accident attorney in East Point. Your lawyer can handle the legal side of things while you focus on what’s important.

We know how hard it is to put your trust into somebody else’s hands. This is especially true when you don’t know the person all that well. This is why we suggest you call our office as soon as possible after your crash. When you sit down with a seasoned East Point injury lawyer, you’ll get a feel for how they work. You’ll have a chance to become comfortable with them during your free, initial consultation. By the time settlement negotiations start, you should be well on your way to a full recovery. You’ll be able to participate more fully in your case.

If you have been hurt in a motor vehicle accident, specifically a rear-end accident, you may be entitled to damages. The only way to know for sure is to call and talk to a seasoned East Point injury lawyer. We offer all clients a free, initial consultation. Sit down and discuss your case with someone who can help you recover the damages you deserve. Since your consultation is free, you have nothing to lose.