How Is Fault Determined For A Rear-End Collision?
Brian O Sutter
Traffic Accidents
Typically rear-end collisions are the result of a tailgating or not leaving adequate stopping space behind a car. So if you rear-end another vehicle, it’s always assumed it is your fault. However, there are certain circumstances in rear-end collisions when it may actually be the fault of the other driver. So before you assume that you are at-fault for a rear-end accident, you may want to consider consulting with an attorney to make sure you aren’t being unfairly blamed.Negligence In Car Accidents
Fault is determined by negligence, not by the type of accident. In a rear-end collision there are several cases where the other driver may be at fault for the accident including:
- Any kind of distracted driving including texting, eating, or talking on the phone
- Driving while drunk or intoxicated
- Failing to pay attention to the road or posted road signs
- Speeding
- Not stopping within a reasonable time frame
- Failing to signal intent
- Losing control of the vehicle
- Not yielding the right of way
- Suddenly reversing their vehicle
- The vehicle does not have functional brake lights
- Aggressive driving or road rage
In these cases, the driver was negligent in their legal responsibilities. So it is possible the driver that was rear-ended caused the accident and consequently, they may be liable for any damages as a result of the accident.
Establishing Fault In A Rear-End Collision
Florida is a comparative fault state, so no matter what if you rear-end a vehicle you will be considered partially liable for the accident. Especially since there are very clear laws about vehicle following distance. So the first thing you need to establish in a rear-end condition was you were following these laws and following the other vehicle from a safe distance. Next you will need to prove that the other driver was negligent. The best way to do this is to file a police report as soon as you experience the accident. The police will document the circumstances of the accident and if the other driver was in anyway negligent it will be on record.
Hire An Attorney
Beyond the police report, there are a number of other ways you can prove the rear-ended driver was responsible for the accident. A knowledgeable attorney, like the professionals at All Injuries Law Firm, can help you establish fault. We understand what you need to prove to establish negligence and can help you get the proper documentation and proof through things like independent analysis of the situation, driving records, and eyewitness testimony. So if you are in a rear-end collision, rather than just assuming you are at fault and incurring the costs of any damage or injury, speak to an attorney to make sure that the other driver isn’t also liable for the accident.
At All Injuries Law Firm, we have over 30 years of helping accident victims in the state of Florida. We understand that not every rear-end collision is cut and dry and can help you establish fault so you can get fair compensation for your damages. If you’ve been in a rear-end collision, call us today for a free consultation to see how we can help!