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Hurt In Any Accident?

If You Rear-End Someone, Are You Automatically At Fault?

rear-ended-car-accident

Rear-end collisions are the most common type of car accident. Over 2.5 million rear-end collisions occur throughout the United States each year. Many people think rear-end collisions are minor car accidents. However, when you are hit from the rear, you can suffer traumatic injuries including severe whiplash, back injuries, broken bones, closed head injuries, traumatic brain injury, and damage to internal organs. Rear-end collisions can also result in fatalities, especially when the force of the collision pushes the vehicle into another vehicle or object.

There are many causes of rear-end collisions. One of the most common causes is following too closely or tailgating. Tailgating is a common form of aggressive driving. Other causes of rear-end crashes include:

  • Speeding
  • Distracted driving
  • Drowsy or fatigued driving
  • Impaired driving
  • Trying to beat a red light
  • Improper lane changes or merging

In most cases, the driver in the vehicle that crashed into the vehicle in front of him is liable for the accident. However, there may be circumstances that complicate liability in a rear-end accident case.

How Is Fault Determined in a Rear-end Collision?

As with any other type of motor vehicle accident, negligence is the key to determining fault. A driver has a duty to other drivers to operate his or her vehicle in a safe manner and to maintain control over the vehicle always. When a driver crashes into the rear of another vehicle, it is usually because the driver failed to maintain control of the vehicle. As discussed above, this could be due to speeding, distracted driving, or other driver error.

Let’s assume that the driver in front slammed on brakes to avoid hitting a small animal. You could argue that the driver in front is at fault for slamming on brakes. The law expects you to maintain a safe distance that allows you to come to a complete stop if the driver in front of you stops for any reason.

However, what if the driver is driving in an erratic and reckless manner that makes it impossible for you to avoid the collision? A reckless driver could change how fault is determined.  Likewise, if the driver in front has broken tail lights, you might successfully argue that you could not avoid the collision because you had no warning before the vehicle slowed or stopped. When another driver rear-ends your vehicle causing you to rear-end the vehicle in front of you, liability could also be complicated.

The bottom line is that most rear-end crashes are the fault of the driver of the vehicle that collided with the vehicle in front. Insurance companies want to blame the car accident on the victim to avoid paying money to the victim.  If the insurance company cannot deny the claim, it may try to argue that the victim is partially at fault for the collision to reduce the value of the claim. In either case, it is in your best interest to contact a car accident attorney in Bloomington if you have been injured in a rear-end car accident.

Do You Need A Car Accident Attorney In Bloomington?

The car accident lawyers of The Ken Nunn Law Office offer free consultations and case evaluations for accident victims and their families. Call our office at 1-800-CALL-KEN or 1-800-225-5536 to schedule your free consultation. If you want to speak with someone right now, use our Live Chat feature to reach a representative.

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