Waiting for a light to turn green or sitting in traffic only to feel a sudden impact from behind is a jarring and terrifying experience. Rear-end collisions are particularly dangerous on the highway as they often occur at a greater rate of speed. Taking into account the fact that rear-end collisions are already one of the most dangerous types since airbags aren’t optimized for that type of hit, and it’s clear there is an issue. The correlation between speed and fatal highway accidents is no joke and the issue only becomes worse when a collision is from behind due to the aforementioned reason.
However, who’s to blame for the accident isn’t always cut and dry just because the hit came from behind. Learn how liability is determined in rear-end collisions on the highway so you can determine whether you have a personal injury case on your hands.
Legal Principles Behind Liability in Rear-End Collisions
The foundation of liability in a rear-end collision is not any different than other accident types in that it centers around negligence and the duty of care that one driver has to another. Negligence means acting in a manner that shows an unreasonable level of care to others around you, and acting in this way is a direct violation of your duty of care to other drivers.
For example, all drivers have a duty of care to maintain a safe distance from other cars and to control their vehicle by staying attentive and following the rules of the road. Choosing to do something such as speed or tailgate is negligent behavior that can foreseeably lead to an accident. This is why the driver who hits another car from behind is most often presumed to be at fault.
However, there are cases where sudden action from the driver in front, such as a sudden stop, could lead to an unavoidable wreck even if the driver in the rear was far enough behind. Alternatively, mechanical issues like brake failure can lead to an accident, and that’s beyond the driver’s control, assuming they’ve been keeping up with their vehicle’s recommended maintenance schedule.
This is why every rear-end collision needs to be investigated rather than just assigning blame to the person in the back.
Factors That Influence Liability Determination
As mentioned, there are a number of reasons that a rear-end collision could have occurred, which is the point of the investigation that will be conducted. To that end, there are a few factors that can affect liability as well:
- Speed of the Vehicles: The speed of each vehicle at the time of the collision can affect the determination of fault
- Road Conditions: Weather, road defects, or poor visibility may impact liability
- Driver Behavior: Distracted driving, driving under the influence, or general fatigue can all play a role in the attentiveness of a driver
- Vehicle Condition and Maintenance: When faulty equipment is to blame it must be investigated to prove that the owner of the vehicle was maintaining it properly and that the failure was out of their control
Evidence Used to Determine Liability in Rear-End Collisions
When investigating a rear-end collision to determine who was at fault, there are a number of different types of evidence that will be examined and used. Police reports and any issued citations can impact fault, for example, along with witness statements of what occurred. Beyond this, accident reconstruction can be used to determine the cause of the collision in conjunction with evidence from the road, such as skid marks, damage to the vehicles, and the speed of vehicles at impact.
Your insurance company will gather all of this evidence, including vehicle damage photos and witness accounts in order to assign liability after the incident. Insurance adjusters will then calculate the specific level of fault so that it can be determined how much insurance should cover, if any.
Prove your liability in court
No driver wants to be held liable for an accident that wasn’t their fault, but rear-end collisions are also one of the easiest to demonstrate. There is typically ample evidence that shows what occurred, which, with the help of an accredited attorney, can help you build a strong case one way or the other. Speak with a lawyer as soon as possible to go over the details of what occurred so that you can see what options you may have available to you. This is even more important if you have suffered serious injuries as a result of your accident as criminal charges may apply.
