4 Factors That Help Determine Liability In A Rear-End Collision
Rear-end collisions, commonly referred to as fender-benders, are among the most common types of accidents that occur on public roadways. A rear-end collision can occur for a wide range of reasons. This makes it difficult to assign fault in a rear-end accident.
Fault is a critical element when it comes to a driver's liability in an accident. While you might think that the person who did the rear-ending is always at fault in a fender-bender, there are many factors that must be evaluated in order to determine who caused the collision.
Learn more about these factors so that you will be better prepared to file a personal injury lawsuit if you are injured in a rear-end collision.
1. Applicable Traffic Laws
The assignment of fault in a rear-end collision often begins with an evaluation of the traffic laws that applied to each driver at the time the accident occurred. All drivers have a duty to follow traffic laws in order to maintain public safety. It is possible for a driver to overlook a traffic law, then have that oversight lead to an accident.
Some examples of traffic laws that may apply to drivers involved in a rear-end collision include the use of turn signals, maintaining a reasonable distance between vehicles, and obeying all posted speed limits.
An investigation will take place to help determine if any applicable traffic law violations contributed to an accident, and fault will be assigned to the offending driver. The driver at fault for causing the accident is liable for paying any damages associated with that accident.
2. Road Conditions
Another factor that will come into play when determining liability in a rear-end collision is the condition of the road on which both drivers were traveling. It's possible for adverse road conditions to contribute to a collision. Construction crews may not provide adequate signage in work zones. The road surface may be in poor condition, causing sudden braking.
Police officers called to the scene of a fender-bender will evaluate the road conditions and note any adverse circumstances in their report. Your personal injury attorney can help you obtain a copy of the original police report so that the information it contains can be used to help your personal injury case.
3. Shared Negligence
Many states allow for a concept known as shared negligence when it comes to assigning fault for auto accidents. Shared negligence occurs when both drivers involved in a rear-end collision contribute to the accident in some way. The lead driver may not have turned on their signal light as soon as they should have, but the second car may have also been following too closely.
In cases where shared negligence is a factor, the help of an experienced personal injury attorney is invaluable. The amount of financial compensation you receive from a personal injury case will depend on the percentage of fault assigned to you. An attorney can help present evidence that ensures the fault is assigned accurately between all drivers involved in a rear-end collision.
4. Witness Statements
No matter how thoroughly the police and insurance adjusters investigate the scene of an auto accident, there are times when it is impossible to determine the cause of a collision based on the physical evidence alone.
Witness statements become integral in these situations. Both the police and your insurance adjuster will likely interview anyone who witnessed your fender-bender. Since these bystanders have no vested interest in the outcome of the investigation, their version of the events leading up to an accident is typically viewed as impartial. Your attorney can work to ensure all witnesses supporting your version of events provide statements to increase your chances of winning a personal injury case after a rear-end collision.
Contact a local personal injury lawyer if you were recently in a car accident.
Share