When it comes to car accidents, one question is often raised on the assumption of liability. The driver that is judged guilty of the accident is often required to compensate the driver who was not at fault for the accident.
Car accidents can take place in a number of ways. Two cars can run into each other at the side or a car may ram into another one from the side. A speeding vehicle may hit a parked car from the front or rear end. In some cases liability is easy to determine while in others, it is more difficult to place liability on one driver.
Rear-End Accident Liability
A rear-end accident occurs when your vehicle is hit by another car at the rear. Liability is easy to determine in these cases. The driver coming from the behind is usually held responsible for these types of accidents. It is assumed that the driver coming from the rear had the front driver in their sights and should have done something to avoid the collision.
Laws require that drivers must leave sufficient following distance between their vehicle and the vehicle in front of them. A driver cannot be reasonably expected to keep track of the distance with the vehicle behind.
Situation Where the Driver Behind May Not Be Held Liable
There are some situations where the driver at the back may not be held liable for a rear-end collision. This applies in the following cases.
More than two vehicles are involved in the accident and another car pushed the vehicle at the back forward.
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The driver in front reversed the car causing the collision.
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One or both tail lights are not working on the front vehicle.
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The vehicle is stopped in the middle of the road.
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The vehicle in front has a flat tire or a different malfunction and the driver doesn’t turn the hazard lights on.
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A manufacturer’s defect in the back vehicle prevents the driver from stopping the car.
In each of the cases listed above, the accident liability is transferred to the corresponding party that is actually responsible for the accident.
Proving Liability in a Rear-End Collision
If you have been recently involved in a rear-end accident you may be required to prove the liability of the other driver before you can be compensated by your insurance company or the other driver.
Rear-end accidents are not automatic, open and shut cases. You may require eye-witness testimony from other drivers and bystanders. You may also need to gather CCTV camera footage and helpful evidence from police reports to build your case. Skid marks and debris on the road can also serve as evidence.
In addition to ascertaining liability, you will also need to evaluate the damage which will help you lodge a claim. If the cause of the accident is manufacturing default in one or the other vehicle, you can lodge a claim against the vehicle manufacturing company.
An attorney can be very helpful in getting compensation after a rear-end collision. Claim specialist lawyers have seen hundreds of cases of vehicle accidents and helped clients reclaim damages from insurance companies, car manufacturers and other drivers. An attorney can collect the evidence on your behalf and help you get compensation quickly and effortlessly in most cases of rear-end accidents.
