A car accident is perhaps everyone’s, if not all, worst nightmare. When you are the driver of a vehicle that has collided with another from the back, common sense will tell you that the driver in the back is the one at fault. In most instances, this could be true, but not always.
To determine who is at fault in a rear end collision, accidents usually get investigated using the question: “Who was the most likely to prevent this accident from taking place?” Because a vehicle driving on the rear of another vehicle is able to see clearly what is happening ahead, it is logical that it should have the most time to notice any cause for worry ahead of it. The driver of a vehicle following another behind it is usually the one most likely to avoid an accident with the one in front of it.
Despite the logical argument of reasoning, there are several ways that logical reasoning can be challenged. The driver in the front may bear some fault for the crash if they fail to use proper precautions in doing traffic maneuvers or violate the rules of traffic. When a driver stops to make a sudden turn without using a turn signal, the driver behind them may have an argument that the accident occurred due to the negligence of the front driver. Another instance where the front driver may be at fault is when they suddenly shift their car into reverse, especially when this would not be an unexpected maneuver under the circumstances. Drivers are also expected to keep their cars in a safe condition and handle any breakdowns with urgency. Failing to pull over when a tire goes flat or a car suffers from a breakdown could be considered negligent and put the driver at fault.
In many rear-end collisions, both drivers—sometimes more, if there are other parties involved—are often found to be at fault and are usually assigned percentages for the fault in the accident. They can then recover the damage caused that is proportioning to the other driver’s percentage of fault. A complication often arises when it comes to paying for the accrued medical bills caused by a rear-end collision accident. This is because personal injuries from rear-end crashes are mainly back injuries, which are often difficult to detect, as they don’t always show up immediately during medical exams.
While it may seem obvious how to identify who is at fault after a rear-end collision, the situation could be far more complicated than that. There could be small details that could shift the blame of liability in the picture. This is the reason why it is important to have a consultation with a car accident lawyer. A car accident lawyer could offer assistance in all the crucial phases of the car accident lawsuit process. In the event that there is no lawsuit, a car accident lawyer could ensure that you get a favorable outcome in the car insurance settlement process.