One of the most complicated things to do is determine who is at fault in a Car Accident. It’s not always as simple as someone hitting a stopped car while trying to park, where they were obviously at fault for not paying attention.
Determining fault in a car wreck is a challenge when the accident involves someone being rear-ended. A lot of times when someone rear-ends another individual they automatically assume that they are at fault.
When an insurance adjuster or even a jury is determining fault in a car accident, it will almost always come down to negligence. Did one of the drivers involved fail to exercise a reasonable amount of care and caution at the time of the accident?
A driver can be found negligent if they fail to:
- Stay a safe distance behind other cars
- Use blinkers or other appropriate signals when turning or changing lanes
- Drive within the speed limit, or even slower if specific road or weather conditions call for it
- Stay in control of the vehicle
- Obey right of way laws
- Stop in an appropriate amount of time
- Watch for hazards on the road
In order to prove that the other driver was negligent, you first need to prove that the other driver disobeyed or ignored their basic duty of care to the other drivers on the road. You have to prove that their breach of duty caused the accident and that you have experienced harm, such as a personal injury or damages to your vehicle.
When the Front Driver is Responsible
When it comes to a car wreck involving a rear-ending, in order to prove that you the “rear-ender”, was not at fault, you have to be able to prove the poor driving from the car in front of you. You are expected to follow at a safe distance, as not to rear-end someone, and account for the potential poor driving from others on the road.
However, the person rear-ended may also be considered negligent to the action, such as if they:
- Stop Suddenly
- Fail to make a turn that they stopped for
- Reverse the car without warning
- Do not act accordingly, such as put on hazards or pull over, if they get a flat tire
- Have brake lights that are burned out
- Failed to use blinkers when turning or changing lanes