Rear-End Collision Lawyers
What Is a Rear-End Collision?
A rear-end collision is a type of automobile accident wherein one car is struck from behind by the car following behind it. Rear-end collisions can be very dangerous due to the fact that the lead driver is being struck from behind. It can lead to serious neck, spine, or head injuries, most notably “whiplash” type injuries. This is especially true if one car stops suddenly and the other car is following behind at a very high speed.
Who Is at Fault in a Rear-End Collision?
A common saying is that it’s the driver following behind who is at fault. On the one hand, it may be true that a rear-end collision commonly happens because the following driver was tailgating or following too closely. This is why the car following behind should always leave a “buffer” space to make room for sudden brakes and stops.
However, it’s not always the case that the rear driver is entirely at fault. For instance, it could be that the lead car was traveling too slowly, or that the driver was intoxicated. Also, driving recklessly can be a factor, such as stopping inexplicably without warning in the middle of a freeway.
How Is Liability Determined in a Rear-End Collision Accident?
Thus, many different forms of evidence may be required for analysis when proving liability in a rear-end accident. The court may examine various factors that may have contributed to the accident. They will usually consider:
- Whether any parties violated traffic rules
- Whether a third party was involved (such as a jaywalking pedestrian)
- Whether there were any eyewitnesses who might be able to describe what happened
- What type of weather and driving conditions were involved
- Whether alcohol or drugs were involved
- Whether there is any physical evidence in proof of liability, such as skid marks, paint on the other car, bumper damage, etc.
Thus, proving rear-end collisions can be very difficult at times and may require the assistance of a lawyer. Also, automobile laws can be very different in each jurisdiction.
What are the Legal Consequences of a Rear-End Collision?
If the parties can’t come up with an independent agreement, the legal consequences for a rear-end collision usually consists of a damage award. This consists of monetary payments made by the liable party to the victim, and is intended to reimburse them for losses caused by the accident. This can include the costs of hospital bills, lost wages, pain and suffering, and car repair costs.
In serious instances, criminal charges can result, especially if DUI (drunk driving) was a major factor in the accident.
Do I Need a Lawyer for Help With Rear-End Collision Laws?
Rear-end collisions may require professional intervention in order to fully resolve certain legal issues. You may wish to contact a qualified personal injury attorney in your area if you have any legal questions or disputes regarding rear-end collisions. Your lawyer can help examine your case to determine the appropriate damages award for you. Also, your attorney can be on hand to represent you during the actual trial proceedings.
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Last Modified: 01-13-2014 04:01 PM PST
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