Is Fault Automatically Determined In Rear End Accidents?

Enika Vania

There are many ways in which car accidents can occur, ranging from the common fender benders to head-on collisions. Out of these, a very common accident type is the rear end collision. 

Most people automatically presume that the fault is of the driver who ended up rear ending. However, according to Michigan rear end accidents lawyers, this is not always true. It is very important to determine circumstances, why accidents happened, and several other factors when deciding fault. 

Negligence In Car Accidents

We define negligence as the actions of someone without respecting a standard of care. Simply put, you are negligent when you perform actions that are not what reasonable people would do. When trying to prove driver negligence in car accidents, you need to initially prove the existence of a duty. Usually, this is simple. Then, you have to prove the breach of that duty. This breach is possible in different ways, like:

  • Not paying attention to road conditions
  • Not stopping in a reasonable time
  • Not maintaining vehicle control
  • Not using turn signals
  • Not following the car in front while at a safe distance

The third thing that should be proven is that it was the duty breach that led to the accident. Then, you just need to prove what actual damages appeared, like vehicle damage and bodily injury. 

Rear End Accidents Fault

The vehicle that rear ends’ driver is usually at fault for at least a partial negligence. This is because drivers have the duty of following those in front only while maintaining safe distance. When a car driver unexpectedly slows down or stops the vehicle, it is this safe distance that avoids the collision. However, the driver of the rear-ended vehicle can be negligent and have at least partial faults. Some scenarios to mention are:

  • Drivers suddenly stop in order to make a left turn but fail in the execution
  • The driver reverses the vehicle suddenly
  • The brake lights of the driver do not work
  • A flat tire appears and the driver does not use common diligence to pull over and get it fixed

In these cases, the rear-ended vehicle owner is considered to be negligent. This negligence will have an impact on the case based on how much it actually contributed to the collision. Also, the way in which the state is treating such situations will have an impact on the claim. 

Conclusions

To sum up, it is not automatically determined that the driver that rear ends the vehicle in front is at fault. An investigation is carried out and several things are analyzed. Only after the police finish the investigation, we can talk about a personal injury claim. 

Hiring rear end accident lawyers can help the injured party to obtain a higher financial compensation. This is because these professionals know everything about the law and how much should be offered based on the exact conditions that appeared before, during, and even after the condition. For instance, lawyers will also obtain financial compensation for the loss of wages due to injuries. This is often not even considered if the individual files a claim alone. 

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