If you have rear-ended another driver, who is at fault? This is a really difficult question to answer without knowing the specific of a particular case, but there is some general information that you might want to know about rear-end collisions.
Proof May Be Hard to Come By
If you were driving along and the person in front of you slammed on his 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,’ the person might have been distracted, another driver may have done the same thing causing a two or more car accident - the list goes on.
Even if you think that the person in front of you may have hit their brakes out of malice, it is up to you to prove that this is 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 that you were not following a vehicle too closely.
Close Driving
More often than not, the driver that rear-ended the other driver will be found at fault. Why? If you are keeping a car’s length 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.
Some Exceptions
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
- The driver suddenly put his vehicle in reverse.
- A car is stalled and does 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.
Injured After Being Rear-Ended
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 he hit you and states it was your fault. Obviously, things can become complicated quickly, please make sure to contact the Dellutri Law Group today. The person that hit you must prove that you were driving carelessly, and you need someone on your side to prove that you were driving as you should have been. Let us take a look at your case today -- call for a free case evaluation.
