In short, no. A rear-end accident is not always the fault of the driver in the rear. There are circumstances in which the at-fault driver is the driver in the front of a rear-end accident. Typically, an auto accident attorney will need to prove that the driver from the rear was not the one who was responsible for the crash. When this occurs, it is primarily due to the front driver exhibiting risky driving or driving negligently and the follower having no choice but to hit them due to circumstances out of their control.
These factors may include, but are not limited to:
- The driver reverses into oncoming traffic due to their own negligence and the car on the road has no choice but to collide with them due to their positioning.
- The driver is driving irresponsibly or recklessly.
- The car’s taillights do not work properly, which does not give the following driver ample warning that they need to slow down.
- The driver merges but does not maintain a high enough rate of speed after cutting a driver off. This could happen when the at-fault driver failed to signal and then did not speed up to meet the minimum speed on the road, among other scenarios).
- The driver blows out a tire or gets a flat and does not remove their vehicle from the roadway.
- And more, all depending on the unique circumstances at hand.
Sometimes, due to the complex nature of these kinds of collisions, an auto accident attorney or personal injury lawyer may be hired to help prove fault on the car in front of you, if that was the case. Eyewitness testimony or video surveillance can be used to corroborate your version of events. If it is truly the fault of the driver in front of you, there are ways to prove that in a court. Therefore, not every rear end accident is always your fault.
Injuries Associated with Rear-End Accidents
While the severity of the injuries may vary, they can range from more mundane injuries like cuts and scrapes to more long-lasting injuries like broken bones, paralysis, and even death, depending on the mitigating factors like the rate of speed at which the cars were driving. These injuries may include, but are not limited to:
- Torn ligaments or muscles
- Broken bones, from either the impact or the airbags
- And more
Proving Who Was At-Fault in a Read End Accident
In today’s modern society, there are many ways an accident can be recreated to prove who was liable. These methods include forensic analysis, eyewitness testimony, cellphone records, video surveillance, photographic evidence from traffic cameras, evidence at the scene, medical records, and more.
There are auto accident reconstruction experts in the field whose sole job is to recreate accidents, thus showing how and why an accident took place. Given the angle of the impact, road conditions, and other mitigating factors, these recreations can be presented during a court hearing to show who was responsible. Courts can also look to police reports, as well as obvious damages to the vehicles, as well as obvious damages to the vehicles that will tell a story of their own when viewed with the right pair of eyes.
We Are Car Accident Attorneys by Your Side
The legal world can be confusing. When you have just been involved in a car accident, it can be difficult to know where to turn. You may be wondering if a rear end accident is always your fault. Between mental and physical anguish, your whole world may be turned upside down. Luckily, the team of lawyers at the Morris Bart law firm would love to help. We will work tirelessly to help prove fault in your case and protect your right to compensation.
When you have suffered injuries at the hands of another party’s negligence, you deserve compensation for your pain and suffering. We have helped countless clients get legal representation for their auto accident and personal injury cases, so we have likely seen a case just like yours in the past. To find out more about how we can help, call today at (800) 537-8185 to find out more and get your free consultation. The sooner you call, the sooner we can get started. You do not have to go through this alone.