From high-speed collisions to fender benders, car accidents happen in different ways. Rear-end collision is a type of car accident that occurs when one vehicle rear-ends other vehicle. When there is a rear-end collision, it’s presumed that the accident happened due to the negligence of the following driver. But this is not always the situation. In some cases, the lead driver or a third party is liable for the accident. A lead driver may be at fault for the accident if he was negligent when reversing, is drunk driving, driving with malfunctioning brake lights, and more. In this blog, the leading personal injury attorney in Grants explains the things to consider when determining who is at fault in a rear-end collision.
Is the Rear-driver Always Responsible for a Rear-end Collision?
In most cases, people assume rear drivers bear the legal responsibility for a rear-end collision. This is because the rear driver has the power to prevent rear-end accidents. While it’s true, the following driver is not always at fault. He might be responsible only if he is tailgating, speeding, or breaking the roadway rule.
Situations When the Front Driver is Negligent
According to car accident lawyers in Grants, the front driver is responsible for the accident if he reverses suddenly, stops abruptly to make a turn and fails to do it, brake failure, and more. The malfunctioning brake lights also indicate that the front driver is at fault for the accident. For instance, if a front-end driver distracted by his phone is forced to brake suddenly to avoid a crash, it can cause the car behind him to rear-end.
Situations When the Rear End Driver is Negligent
The rear-end driver is at fault when they engage in the following negligent acts:
- Distracted driving
- Aggressive driving
- Drunken driving
- Following the vehicle in the front too closely
Situations When Third Parties are Negligent
In some cases, third parties might be the reason for the crash. Some of the third parties who are responsible for the rear-end collision are,
- The manufacturers of defective parts which causes the brakes to fail or tires to blow out
- Government bodies that are delaying repairing roads
- Pedestrian stepping into traffic suddenly
- Drivers with negligent behaviors that cause other drivers to brake abruptly
Identifying who is liable in a rear-end collision is crucial because if more than one party has contributed to the accident, you might get more sources of recovery. Meanwhile, if you fail to mention a negligent party, you will lose a percentage of liability. A personal injury attorney in Grants performs in-depth investigations to identify all the at-fault parties. So, it’s significant to talk to a personal injury attorney from a leading personal injury law firm in Grants NM, immediately after the collision to help you determine who is liable to pay compensation to you.