If you were hurt in a rear-end collision, you may have suffered surprisingly serious injuries like traumatic brain injury or back and neck injuries that could cause you to suffer chronic pain or permanent changes to your reasoning, emotions, and memory. Like with other types of crashes, you must prove the other driver was at fault in order to obtain compensation from him. Fortunately, this task may be easier if you were hit from behind.
Why the Driver in the Back Is Often at Fault in a Rear-End Collision
Rear-end crashes are caused by many factors —almost always involving driver errors. In almost all cases, the motorist in the rear will be presumed to be at fault. This is because drivers are expected to maintain a safe distance between their vehicle and the one in front of them so they have sufficient time to stop, even in an emergency situation.
This can be important when you make a claim for compensation with the insurance company for the driver who hit you. In most cases, his insurance adjuster will not argue the issue of fault. While he could still dispute the extent of your injuries, not having to argue about liability can make your claim settlement process go faster—and potentially increase the amount you receive.
Exceptions When the Driver in Front Could be Responsible
While generally the law assumes that the rear-ending driver is at fault, there are circumstances when the driver who is hit will be found responsible for causing the crash—or at least partially liable. You could be completely or partially to blame in these situations:
- You reverse your vehicle suddenly.
- You stop quickly to make a turn but then decide not to.
- Your brake lights do not work.
- You get a flat tire or have another mechanical problem, but do not pull over or put on your hazard signals.
- You turn in front of someone from a side street without warning when you do not have sufficient space to do so.
- You cut in and merge in front of another driver.
Even if the other driver’s liability for your rear-end collision is clear, you need an experienced car accident attorney to negotiate your settlement for you. Although there is no dispute about the driver’s fault, his insurance company will almost certainly fight to reduce the value of your claim. Do not delay. Fill out our online form today to schedule a free consultation to learn how we can assist you.