There are some types of accidents where it is fairly clear who is at fault, or at least it is assumed who is at fault without close inspection. Accidents like left-turn collisions at intersections, rear-end accidents, and head-on collisions often fall into this category. But just because an accident falls into one of these categories, it does not mean that the driver who is typically considered at fault will always be held liable.
When Is a Rear-End Crash Not The Rear Driver’s Fault?
Below are a few examples of rear end accidents that could be determined to be someone else’s fault, even if you were the rear driver who collided with the lead vehicle. While rear end collision fault often falls on the rear driver, there are exceptions where the lead driver’s negligence or sudden actions may contribute to the accident.
Many people wonder, is a rear end always your fault? The answer depends on the specific circumstances, and proving fault in a rear end collision can be challenging. According to rear end accident statistics, these are some of the most common types of car accidents, often resulting in significant rear end accident injuries such as whiplash or back pain.
Speaking with the rear driver and collecting evidence can help establish the true cause of the accident. To protect your rights and ensure you are not unfairly blamed, it’s crucial to consult a car accident attorney today. They can help build your case and challenge the insurance company’s efforts to assign all fault to you.
You Were Forced To Stop Suddenly
The leading car may have stopped short for any number of reasons, including to avoid another accident that you could not see — or they may be giving you a “brake check” as a form of road rage or other aggressive driving. If the driver in front of you stops short and you cannot stop in time to avoid a crash, it is possible that the other driver could be at fault.
The Leading Driver Swerved Into Your Lane Suddenly
Similar to the first example, if the car in front of you swerves into your lane without warning and you cannot avoid a rear end collision, the other driver may be held liable. Evidence like eyewitness accounts or dashcam footage are both exceptionally helpful in proving that there was nothing you could have done.
The Leading Driver Was Reversing
This one may seem a bit far-fetched, but it happens. If the car in front of you was backing up when you collided with it, the other driver could be held at fault, especially if this took place at a stop light or elsewhere on the open road where reversing is not appropriate.
Defective Traffic Signals
If you collide with another car because a traffic signal was not working properly, the party responsible for maintaining the signal could be held liable. This type of case will be even more complicated, because both you and the other driver may ultimately be filing claims against the local — or federal — government, which means there are a number of specific steps you will need to follow that are best carried out with the help of an experienced attorney.
The Lead Driver’s Brake Lights Were Not Working
If the driver in front of you had a brake light that was not working, and you collided with the back of their car as a result, they could be held liable. Once again, this is the kind of situation where having an attorney on your side will be invaluable because proving that the other driver’s brake lights were not working can be difficult.
The Lead Driver Intentionally Tried To Get Hit
Insurance fraud is unfortunately common, and one of the ways people commit fraud is by intentionally stopping short so that the person behind them will rear-end their car. If you have reason to believe that this is what happened, an experienced attorney can help you build a case.
What To Do After a Rear-End Crash That You Did Not Cause
If you rear-ended another vehicle, but you believe that you are not responsible for the crash, trying to make your case to the insurance company may be an exercise in frustration. It is always best to partner with and who can help you understand your legal options and protect your rights.
Suppose you have been involved in a rear-end collision. In that case, it is important to understand that you may not be automatically at rear end collision fault just because you rear-ended the other vehicle, even if the insurance company tries to make you believe otherwise.
Remember that getting medical care is your top priority, but consider the following steps to take in this situation to protect your legal interests:
Record Your Side of the Story As Soon As Possible
After the crash, one of the best things that you can do to help your case is to gather evidence like video and photographs. If possible, talk over your video and point out specifics that show how the other driver was at fault for the crash.
Get Witnesses to Write Down What They Saw
If there were any witnesses to the crash, get their contact information so that your attorney can talk to them about what they saw. Having a second or third set of eyes on your crash can provide insights into the situation that you may not have noticed otherwise, like erratic behavior leading up to your collision.
Do Not Admit Fault To the Other Driver or Insurance Company
Even if you think that the crash may have been your fault, or if you aren’t sure at the moment, do not say so to the other driver or the insurance company. Anything that you say could be used against you later on, even if you did not mean for it to be an admission of fault.
Contact a Lawyer Immediately
One of the best things you can do to protect your interests after a rear end accident is to contact an experienced Connecticut car accident attorney as soon as possible. Rear end collisions are among the most common accidents, with 71,965 motor vehicle accidents reported annually. When a rear end collision occurs, it’s often assumed that the rear driver at fault, but fault in a rear accident isn’t always straightforward, especially if the lead vehicle stops suddenly.
Determining rear end collision liability can be complex, and speaking the rear driver or gathering evidence from the scene is critical. Generally speaking, the rear driver may bear fault, but there are situations where they may not. A knowledgeable lawyer can help you understand if you qualify to seek compensation for your injuries and damages.
An experienced Connecticut car accident attorney will handle negotiations with the insurance company and fight to secure the compensation you deserve. Contact a skilled lawyer today to ensure your rights are protected.
Contact CarAccidentAttorney.com To Request a Free Consultation With an Experienced Car Accident Lawyer
If you have been involved in a rear-end collision, don’t wait to get help. CarAccidentAttorney.com is a personal injury law firm directory that helps car accident victims find an experienced personal injury attorney in their area who will sit with them through a free consultation and help them make sense of their situation. Using our service is free, and you will have no obligation to work with the attorney after your consultation.
The attorneys in our network operate on a contingency fee basis, meaning that you won’t pay them anything upfront, and they only get paid if they win your case. To request a free consultation with an experienced car accident lawyer in your area, call CarAccidentAttorney.com today or fill out our online form.