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Fact or Myth: The Rear Driver is Always at Fault

Like many other motorists, you may be under the impression that when there is rear-end collision, the driver in the rear is always and without a doubt at fault. While in some cases this may be true, this is not always the case. Read further to examine who is at fault for a rear-end collision.

Who’s is Really at Fault in a Rear-end Collision?

Rear Driver

“Rear-end collision” refer to a situation where two vehicles are traveling in the same lane and in the same direct, and the vehicle in front is struck from the rear by the vehicle behind. Rear-end collisions are seldom fatal and don’t usually result in much damage, But they are easily the most frequent of all automobile accidents.

Traditionally, the law gives you a presumption (not a guarantee) that the driver who rear-ended you was at fault. However, this is what is called a “rebuttable presumption”. What this means is that it would normally be that person’s fault, but not always. Therefore, you will still need to prove the other driver’s fault despite the presumption.

Generally speaking, the rear driver is required to follow at a safe enough distance that would allow him to stop without hitting you, whenever you stop or slow down in front of him. However, if you stop short or too quickly in the road, or otherwise violate your duty to drive safely with respect to other drivers, you may be held liable for the rear-end collision.

For example, if you slam on your brakes for no reason at all, and someone rear-ends you, you may be at fault. On the other hand, if you slam on your brakes for a good reason, such as to avoid an accident ahead or because the person in front of you slammed on their brakes, and you get rear-ended, the driver who hit you may indeed be at fault.

It is every driver’s duty to drive responsibly. Fault for a rear-end collision will ultimately depend on the totality of the circumstances that caused the accident. So, if you or a loved one has been involved in a rear-end collision, whether you were hit by someone else, or vice versa, it is important that you collect and preserve evidence that will aid you in establishing the other driver’s fault for the accident. Afterwards, you should contact an experienced car accident attorney right away.

An Experienced Car Accident Lawyer

An auto accident can change your life in an instant and you will only have one opportunity to receive the compensation that you deserve. This is why you should never accept a settlement without first consulting with a specialized car accident lawyer. You need a lawyer who is aggressive and experienced and who is willing to go to court to fight for your rights. If you have been in an accident and have questions or need advice, contact an experienced car accident lawyer without delay.

Filed in: Automotive

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