Rear-End Collision:
Who’s at Fault?
If you rear-end another driver, who is at fault? This is a really difficult question to answer without knowing the specifics of a particular case, but you might want to know about some general information regarding rear-end collisions.
BURDEN OF PROOF
If you were driving along and the person in front of you slammed on their breaks, are you responsible if you hit that vehicle? This type of accident happens often and for various reasons. The person might have been experiencing “road rage” or might have been distracted, or another driver may have done the same thing causing a two or more car accident — the list goes on. Even if you think the person in front of you may have hit their brakes out of malice, it is up to you to prove this was the case (the same applies if you think that person was simply not paying attention). While in the midst of driving, it may seem obvious what the issue is, but this is difficult to prove. Even if you have a passenger with you, you still have to prove you were not following a vehicle too closely.
distance between yourself and the other driver (as is required by most states), you would not rear-end the car in front of you. There are some circumstances where this might not be true; however, it depends on the specific facts of each case.
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A car was stalled and did not have hazard lights flashing.
Keep in mind that it is up to every driver to be aware of possible hazards, to follow at a safe distance, and to remain aware while driving. If you have rear-ended another car, make sure to file a police report.
SOME EXCEPTIONS
INJURIES AFTER BEING REAR-ENDED
Here are some situations that may negate the “driving too close” rule mentioned above: • The driver in front of you did not have brake lights on or lights were not working.
If you have been hit from behind and are being sued, you may have two cases. First is your injury claim against the driver who rear-ended you. Second, you have to defend yourself against the driver who was injured when they hit you and states it was your fault.
CLOSE DRIVING
More often than not, the driver who rear- ended the other driver will be found at fault. Why? If you are keeping a car’s length
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The driver suddenly put their vehicle in reverse.
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