Rear End Car Collision Liability

There are a variety of ways through which car accidents can occur on our roads ranging from the high-speed collisions, fender, to the rear-end collisions. The rear end car collision occurs when one vehicle hits another from behind as a result of the driver’s recklessness, inattentiveness, tailgating, poor weather, panic, or sudden stops. Some individuals may assume that the fault for rear-end collision is the fault of the driver who rear-ended the front car, but this is not always the case. Liability is not automatic since other individuals including the front driver or a pedestrian may have had a significant contribution towards the accident.

Fault in these situations has to be determined in court depending on the circumstances surrounding the scenario. For a driver to be deemed liable for the collision, they must have acted in negligence, which is the conduct below the established standards. In the case where your actions fell short of what is expected from a reasonable person and as a result you caused a rear-end collision, then you are considered negligent. Drivers owe one another a duty to be careful when driving; hence, to prove an individual’s fault, the breach of duty must be proven.

Some of the actions that could be treated as negligence or recklessness on your part include suddenly stopping for a turn and failure to make the turn, sudden reversal of the vehicle, if you have a flat tire and fail to pull over, or your brake lights do not function. However, the legal impact will be determined by how much your actions contributed to the accident.

It is important to determine fault in rear-end car collisions so as to understand the driver liable to pay for the damages caused by the collision. Individuals who are hurt or lose their property as a result of the rear end car collisions have the right to claim compensation for the damages incurred. The damages include the medical bills if the injury caused required some medical attention, Payment for lost wages since the accident may have prevented them from going to work or earn a decent living where a permanent disability was caused, compensation for car repairs if the vehicle underwent significant damage as well as compensation for pain and suffering. Under California’s Wrongful death laws, if a loved one lost their lives as a result of the accident, the surviving family member has the right to recover the damages. These damages are used for burial expenses, payment for lost financial support from the deceased and lost companionship or affection. The only people entitled to collect this kind of damages from the person held liable for the accidents are the spouses, children or legal executor of the deceased’s property.

If the lead driver gets a ticket for violating traffic rules (which related to the accident), proving that they aren’t at fault is difficult. Although the tickets for lack of insurance cover are not applicable in this case, tickets resulting from speeding, illegal lane changes, and other moving violations will affect the outcome of the case and undermine the liability of the other driver.

For most rear-end accidents, the blame falls on the rear driver for failure to follow the road safety rules. However, in some situations, the lead driver could be at fault for the accident. If you are rear-headed, some of the situations in which you could be held liable for the occurrence include road rage where your anger or frustration led you to behave recklessly, merging in front of someone else from a different lane, failing to maintain sufficient speed, cutting off a driver from the side street (leaving them without enough space), stopping suddenly, and an attempt of insurance fraud which is conniving with another driver to cause an accident in the aim of getting compensation.

If you got rear-ended but were found to have been driving under the influence of drugs or alcohol, you will be held either fully or partially liable for the accident. This is because the alcohol or drug may have impaired your judgment on the road and led to reckless behavior, which caused the rear end collision.

Determination of legal liability in rear-end car collisions is not easy. When you file for a lawsuit, you are required to prove negligence on the part of the respondent. However, the respondent can try to avoid full liability for the accident. If the collision involves more than one driver, the outcome of the case will vary depending on the percentage of each driver’s contribution to the accident. Comparative negligence is used to allocate the accident’s liability to the involved drivers. If the other driver contributed for the accident, the blame on you may get reduced or absolutely eliminated.

The comparative negligence could be pure where liability is split according to each driver’s fault in percentage. For example, if one driver’s contribution to the accident was 20%, the court will expect them to contribute that amount to compensate for damages while the other driver contributes 80%. For the modified comparative negligence, if the plaintiff contributed to 50% or more of the accident, they don’t get any compensation for the damages.

In some occasions, there are multiple vehicles involved in a rear end car collision, which results in a chain of collisions. This could be due to a couple of reckless drivers and others caught up in the collision without fault; hence, a lawsuit for such an occurrence can be challenging. The fault in these rear-end car accidents is not clear and each party may have a different version of the occurrences. When you file for a lawsuit against a driver after involvement in a chain rear-end collision, the liability will be determined using the negligence theory.

The cars that initially started the collision are held liable, hence, a couple of drivers could be at fault for such an accident. In these cases, the liability could as a result of hazardous road conditions, cyclist or pedestrian negligence, or faulty brakes. Negligence and liability is a decision made by the court in a motor vehicle lawsuit. However, there are other sources of information that can help establish how the events unfolded including the eyewitnesses who could be your passengers or other road users. The traffic officer’s report is the main evidence, but the vehicle damaged could also be used to determine the liability for the accident. If you are caught up in such a situation, it is important to seek the services of a personal injury attorney.

According to the standard law, the rear driver is supposed to allow ample space between them and the car in front to avoid a collision. In the case where another driver rear ends you, you need to secure your safety and that of other people involved then report the incident to the police. No matter how minor the incident was, reporting it will help create official documentation and establish who is at fault for the accident.
However, sometimes the rear driver may not be held liable for the accident even when they hit you. This is because the other driver may have collided on your rear as a result of getting hit by another vehicle. If a reasonable explanation can be given as to why the rear driver hit and damaged your car, the liability against them may get mitigated.

After reporting the matter, it is important to talk to the other driver to find out if they are willing to admit guilt for their actions. However, it is quite difficult for anybody to accept fault in such an incident. You also need to gather more information on the accident by taking pictures on the damaged property and finding witnesses who can quote the occurrences. Since you may be shaken due to the traumatic experience, it is wise to hire a personal injury attorney to do the investigations for you together with the police. In the case where you suffered injury after a rear-end collision, you should seek medical attention, which could be valid evidence of loss; if the other driver is ruled to be at fault, you will get compensated for the medical bills.

Sudden braking is one of the main causes of rear-end car collisions. Although the rear driver will blame the front driver for suddenly stopping, the driver who got rear-ended could still share liability. According to California vehicle code 21703, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such a vehicle and the traffic upon them and the condition of the roadway”. Although you are required to leave enough space between you and the lead driver, the distance is not specific and will be determined by each situation. Adjustment of this distance may be necessary based on nighttime driving, wet road conditions, soft brakes, or stop and go traffic signs.

Apart from following too close, a rear-end collision may be caused by the driver’s distraction. If the rear driver was not paying attention to the road, they may look up to find the lead driver has already stopped, thus, they suddenly hold the brakes and cause a collision. It can be proven that the rear driver was at fault if they portrayed any behavior that could cause a distraction such as using a phone, applying makeup, reading a newspaper, mapping directions or even sleeping while on the wheel.

The rear driver could blame the lead driver for the occurrence if they were driving carelessly and hence, take full or partial liability for the accident.

It is not easy to determine fault in the occasion where one driver suddenly pulls out in front of another and as a result, a rear-end car collision occurs. Both drivers could be at fault depending on the facts such as the speed of each vehicle, weather conditions at the time of the incident, and failure to follow traffic signals. If you violated the California Vehicle Code 22108 by failing to signal when turning or changing lanes, you could be liable for the rear end accident. However, if you make the signals and the rear driver doesn’t act accordingly, the fault could be for the other driver.

Wrong turns are other major contributors to rear-end car accidents. Under California vehicle code 22100.5, a driver who intends to make a complete you turn shall give way to all vehicles until the turn can be made in a reasonable manner. In the case where you break this law by making an illegal turn that causes an accident, you are considered liable for the damages and injuries suffered from the accident.

Once the lawsuit is filed, you will want to seek compensation from the insurance company. These companies try to avoid liability exposure, therefore, it is crucial to have representation from an attorney to help you avoid making self-incriminating statements. Your attorney will provide a statement of occurrences on your behalf and present the proof of injury or damage to your property for compensation. This evidence includes medical reports and pictures from the accident scene. Even when you are still partially at fault for the collision, you can still file for compensation under the comparative negligence law.

The uninsured and underinsured coverage is an insurance cover that is optional. It compensates the plaintiff for the accident if the driver who is at fault has an insurance cover that isn’t enough to pay for these damages, or they lack the insurance completely. Although drivers aren’t required to purchase the uninsured coverage, the insurance companies offer them. The laws of California expect all drivers to have an insurance cover that can cover a minimum of $15,000 for the death of one individual, $30,000 for injury or death of multiple people, and $5,000 to compensate for damaged property in case of an accident.
In the event where the rear end car collision was serious, the automobile insurance may not be enough to cover the damages. Individuals who are hurt during the accident may make claims under the uninsured driver’s coverage to get compensation. When the party who suffers injury lacks the uninsured cover, the type and number of damages which can be recovered from the accident is limited. After the determination of fault in a personal injury suit, the at-fault driver's insurance is required to compensate the victims and if they have no cover, one of their valuable assets gets sold to cover the expenses.
Most drivers presume that they can handle accident cases on their own or just deal with the insurance companies. It is important to understand that the insurance personnel is only interested in saving their money, hence, they will care less if you are held liable for the rear end car collision accidents. However, even when you have a strong belief that you were not at fault for the accident, it is crucial to involve a competent attorney to help you file for a claim and possibly get freed of the liability of the accident. The attorney will also help you deal with the insurance for compensation if you incurred loss or injury during the collision.

Seeking the help of a personal injury attorney is a good decision you can make when you are involved in a rear end car accident. The attorney you hire will help you gather more information on the accident, present evidence to show the liability of the other driver, and advocate for a fair process in your best interests. Working with Los Angeles Personal Injury Attorney will guarantee the best outcome for the claim. Our attorneys serve clients in Los Angeles, California, giving the best consultation and representation for all cases involving personal injury. Call our Los Angeles Personal Injury Attorney at 424-231-2013 to contact us today!