18 July, 2022
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Rear-end collisions are one of the most commonly reported automobile accidents. According to the National Highway Traffic Safety Administration, rear-end accidents account for 30% of all United States traffic accidents. Many drivers automatically assume the rear driver is always liable for the accident, but that’s not always the case. There are some instances where the lead driver may be held responsible for a rear-end accident.
If you think you caused a rear-end accident as either driver, you should contact a car accident attorney. They’ll be able to review your case and help determine if you were at fault. Even if you are held liable, you may still be able to recover some compensation.
Who’s at fault for any accident is never automatic. Fault in an accident is determined by negligence. To recover compensation after an accident, victims need to prove the other party was negligent. There are three elements to this:
When behind the wheel, the basic duty of care is:
If you fail to follow the basic duty of care, you may be driving negligently.
Determining who’s at fault for a car accident is essential because that determines who’s liable to pay for the other drivers’ damages. Liability can be shown by figuring out if a driver was negligent and what percentage of the accident that driver’s negligence caused. An attorney can prove negligence in several ways, including highlighting the following behaviors:
In most cases, the rear driver is responsible for a rear-end collision. However, if an attorney can prove the lead driver was also acting negligently, they may be held partially accountable as well.
Depending on where you live, the outcome of a collision will vary. Fortunately, most states follow the comparative negligence rule, which distributes fault between both drivers. There are two different types of comparative negligence:
Most rear-end accidents are a result of the rear driver following too closely behind the lead driver. A court, jury, or insurance company may hold the lead driver liable for an accident when they drive recklessly. Liability depends on several factors. If the lead driver cuts across multiple lanes without signaling or crosses a solid yellow line, they may be held liable.
Lead cars may also be responsible for an accident when the driver:
If you were the lead driver in a rear-end accident, you still might be at fault. For help determining if you are, contact a car accident attorney.
Following a rear-end accident, you may feel confident about your chances of receiving compensation for your damages. Keep in mind, though, that you still may be responsible even if you were the lead car. At The Barnes Firm, we will launch a full investigation into your case to determine if you were partially responsible for the accident. You can be confident we will always act with your best interests in mind.
At our firm, you will get our best car accident lawyers on your case who will strive to get you the compensation you deserve following an accident. Call today or complete a contact form for your free case evaluation.
The Barnes Firm (800) 800-0000
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“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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