Who is at Fault in a Rear-end Accident?

If someone rear-ended you recently, you may have injuries and questions about who is at fault. In most states, the at-fault driver is liable for paying the injured person’s damages, including lost income, medical expenses, and pain and suffering. Learn below about who is at fault in most rear-end accidents. Then, speak to a car accident attorney in Tulsa if you have a case. An attorney can value your case, prove fault, and negotiate the highest settlement with the auto insurance company.

Rear-End Accident Statistics

Approximately 1.7 million rear-end crashes happen every year. Of these accidents, about 1,600 people lose their lives, and 500,000 suffer an injury. These startling statistics comprise a large portion of road accidents, fatalities, and serious injuries. While many of these collisions are minor fender benders, some of them result in severe injury or death.

Furthermore, approximately 29 percent of all auto accidents are rear-end collisions, and 87 percent of rear-end crashes happen because of driver distraction. For example, many drivers may glance at their text messages while driving. They don’t see a stopped vehicle ahead of them and slam into it. A car accident attorney can review the driver’s cell phone records to check if they were on their phone during the rear-end crash.

Is The Rear Driver Always At Fault In A Rear-End Accident?

Most rear-end collisions are caused by the rear driver. All drivers are responsible for driving safely and maintaining a safe following distance from other motorists. You should drive far enough away from the car in front of you to stop safely in an emergency. Driving far enough from the front driver is vital to see the road ahead. However, there are situations where the front driver can also be found at fault for the rear-end collision. These scenarios are covered later in this post. Rear-End Accident

Proving who is at fault in the rear-end accident will depend on the evidence and investigation. Obtaining compensation in a rear-end collision requires you and your attorney to prove the following:

The driver owes you a duty of care: All drivers have a duty of care to other drivers and pedestrians to drive carefully and not injure others.
The driver breached their duty of care: Suppose the rear driver was distracted by their cell phone and hit you at a red light.
The breach of duty led to the accident and injuries: You suffered an injury in the accident because they hit you from behind.
You have damages: You have medical bills, lost work time, and pain and suffering from your injuries.

Your car accident attorney’s job is to collect the accident evidence to prove that the rear driver violated their duty of care and hit you in the accident. Important evidence in the accident investigation may include:

Eyewitness testimony
Physical evidence, such as vehicle damage and positions and tire marks on the pavement
Surveillance video, if available
The police report
Photos and videos taken at the crash scene
Accident reconstruction expert testimony

While the rear driver is often at fault for these accidents, that’s not always true.

Can The Front Driver Be At Fault In A Rear-End Accident?

Yes, there are times when the front driver may be at least partially to blame for a rear-end collision. The front driver may be liable for the accident if they:

Pull out in front of another vehicle
Slam on the brakes suddenly for no reason
Reverse the vehicle without looking behind them
Drive recklessly or aggressively
Drive while under the influence of drugs or alcohol
Drive while distracted by a cell phone
Brake checks the car behind them
Has broken brake lights

Talk to your car accident attorney promptly if you think you may be partially at fault for the rear-end collision. You still can receive compensation even if you are partially liable for the accident.

What Causes Most Rear-End Car Accidents?

Most rear-end crashes involve a front and rear driver. Rear-end collisions often happen after the car in front slows down for some reason. For example, a vehicle may come to a stop sign or stop traffic. The crash occurs because the car behind doesn’t stop in time. Some of the most common causes of these accidents are:

Road hazards: Suppose two vehicles are traveling on a two-lane road at 45 MPH. Suddenly, a deer darts into the road, and the front vehicle slams on its brakes. If the rear driver is following too closely, they can be blamed for the accident. Potholes are another common reason someone might slow down and cause a rear-end accident.
Lack of visibility: If there is poor visibility because of fog, snow, or rain, drivers may struggle to see what’s in front of them. If the front driver slows for some reason, the rear driver may not stop in time. In this case, the rear driver will likely be to blame. It’s important for all drivers to slow down in poor weather that affects visibility and traction.
Unsafe lane changes: Suppose a driver suddenly changes into the lane in front of another driver and has a rear-end accident. The front driver can be blamed in this case.
No brake lights: If the front vehicle has broken brake lights, they can be blamed for a rear-end collision.
Sudden, unjustified stops: Stopping because there is a road hazard ahead is justified. But slamming on your brakes for no reason isn’t justified, and you can be blamed for the rear-end collision.

Determining fault in a rear-end accident is complicated. Your car accident attorney will thoroughly investigate the crash and understand how it happened. Then, they will hold the liable party accountable for their negligence.

Potential Damages In A Rear-End Accident

Depending on the case, a rear-end crash attorney may help you receive compensation for your losses. These damages may include: Damages In A Rear-End Accident

Current and future medical expenses. Your car accident attorney will work with your medical team to understand your injuries, current treatments, and any future medical care and rehabilitation you will need
Property damage, including vehicle repair or replacement
Lost earnings, including lost future income, if you are temporarily or permanently disabled
Costs of personal care during your recovery, such as someone to clean your home or mow the lawn
Pain and suffering from your injuries and treatments
Mental and emotional suffering from your injuries, treatments, and limitations
Loss of quality of life
Scarring and disfigurement

How much you will receive in a rear-end accident settlement depends on several factors:

Severity of injuries: Severe injuries are usually worth more than minor injuries. For example, if you have a spinal cord injury from a rear-end crash, the value of the case rises dramatically. If you have a broken wrist, the case will be worth less.
The complexity of medical treatments: Were you treated and released from the ER without further treatment? The case value will be lower. On the other hand, if you need hospitalization and surgery, the rear-end crash claim will rise. Someone who is permanently disabled and needs care for years will also have a higher case value.
Amount of pain and suffering: Some rear-end accident injuries are excruciating, such as severe burns, and the case will have a higher value. People with several broken bones that require surgery can also have significant pain and suffering.
Amount of insurance coverage: Many auto accident claims settle for insurance limits because that is all the available money. Getting more will be difficult if you have $50,000 in losses and only $25,000 of insurance coverage. Your attorney may file a personal injury lawsuit for the rest if the liable party has significant assets.

Your settlement in a rear-end crash claim depends on the above variables. Some rear-end accident claims are worth a few thousand dollars, but severe injury cases can be worth six or seven figures. Every case is different, so speak to a car accident attorney today. They will learn about your case and give you an idea of what it might be worth based on similar cases they have seen.

How A Car Accident Attorney Can Help You

An experienced car accident lawyer may help you receive compensation for your rear-end crash injuries. Navigating the insurance process by yourself can be difficult and stressful, especially after a severe accident. A car accident attorney who often handles rear-end accidents will take care of all of the details involved in the claim, such as:

Collect evidence showing that the rear driver caused the crash. It may seem obvious that the rear driver hit and caused the accident. However, the insurance company wants decisive proof that their customer caused the accident. Your attorney knows how to assemble the evidence to prove accident liability.
Collect your medical and injury reports. Your attorney will gather your medical bills, documents, and related information to understand your injuries and prognosis fully. Obtaining all medical documents can be difficult, especially when several doctors and medical facilities are involved. Your attorney’s staff will handle all of it for you.
Communicate and negotiate with the insurance company. Your attorney knows the insurance game and how to negotiate the best settlement. They will not settle for a lowball offer and will demand the most money for your injuries and other damages.
Take the case to court if needed. Most rear-end accident claims settle, but the insurance company might not want to pay enough. Your car accident attorney is also a skilled litigator and will take the case to court if needed.

Overall, a car accident lawyer handles your case expertly and efficiently so you can relax and focus on your recovery. The best part is that you don’t pay any legal fees out of pocket. A contingency agreement compensates your attorney. This means you pay your lawyer between 33 percent and 40 percent of your total settlement. If the case isn’t successful, you won’t pay any legal fees.

When Should You Contact A Car Accident Attorney?

Many people may think a rear-end collision is a minor event, so they might want to handle their own claim. If the accident is a mere fender bender without injuries, it might not be a bad idea to file a claim on your own to repair your vehicle. If the other driver is at fault, your insurance company will seek reimbursement from the other insurance provider.

However, some rear-end accidents are more serious, and liability may be complicated. Always consult a rear-end accident attorney to ensure the best outcome for your case. After seeking medical attention, you should contact an attorney in these situations: Car Accident Attorney

You were the driver in the rear, but you believe the front driver caused the crash. For example, you think their brake lights were out, or they slammed on their brakes to brake-check you.
You have injuries that require medical care or hospitalization. If you have an injury resulting in medical bills or missed work, you should have a car accident attorney.
You suffered other losses in the crash, such as pain and suffering or permanent disabilities.
A minor was in the car and suffered an injury.
You lost a family member in a rear-end accident caused by the other driver.
The insurance company denied your claim or offered far less than your case is worth.

After a rear-end accident, the last thing you need is to worry about handling legal and insurance headaches. A car accident attorney can remove that weight from your shoulders. Have your case reviewed by a rear-end accident attorney today.

Contact A Car Accident Attorney Today

Were you rear-ended recently? Did you suffer injuries and other damages? You need a car accident attorney to protect your rights. A car accident lawyer will fight for compensation for your losses, and you don’t need to pay upfront legal fees.

Contact a personal injury lawyer in Tulsa today for a free consultation. They will listen to your story and advise whether you need legal representation for your case. They can also inform you who they believe should be liable for your injuries.