Are All Rear-End Accidents At-Fault?

Rear-end car crashes are one of the most common types of automobile accidents in the United States. A rear-end collision takes place when a driver hits another vehicle from behind while driving in the same lane. Given the nature of the accident, rear-end crashes are often one of the more straightforward car accident lawsuits in which liability is determined.

Despite how easy it usually is to determine liability in these types of accidents, there are situations in which it can be difficult to determine fault in a rear-end collision. It’s important to understand which scenarios present issues for proving liability; that way, you know how to handle the situation if you ever find yourself involved in a rear-end collision. An experienced personal injury attorney can look carefully at your car accident claim details to determine the best strategy for obtaining maximum compensation. 

Here’s what you should know about determining fault in a rear-end collision.

Am I at fault if I rear-ended someone?

Despite how easy it may seem to point fingers at the driver in the back for causing the rear-end collision, there are certain situations in which that may not always be the case. A rear-end driver may not be at fault or may only be partially liable in any of the following situations: 

• The vehicle in front has a flat tire or other malfunction, but the driver doesn’t turn on the hazard lights
• A defective vehicle design or manufacturing problem suddenly prevents the driver from stopping. In this case, the vehicle manufacturer might be the responsible party.
• There are multiple vehicles involved, and another car pushed their vehicle forward
• The driver in front accelerated in reverse
• One or both tail lights aren’t working on the vehicle in front
• A vehicle is stopped in the road

How is liability decided in a rear-end collision case?

In a rear-end collision lawsuit, the burden of proof is on the plaintiff. Common factors that are utilized in determining liability include:

• Eyewitness testimonies from anyone who may have witnessed the accident
• A police report from the date of the accident
• Any photographs of the scene of the accident itself

Sometimes something as simple as skid marks left behind at the accident scene can help the personal injury attorneys determine liability.

There are certain situations in which it may be beneficial to utilize an expert in accident reconstruction to help determine liability in a rear-end collision case. These experts evaluate damage as well as other evidence to determine the actual cause of the accident. Relying on this type of expert can be crucial in cases where the driver from behind who is looking to disprove liability needs assistance establishing the accident’s true cause.

Another aspect that is important to consider in determining liability in a rear-end accident case includes product liability. In some situations, your case may be the result of a manufacturing defect or a defective design. In order to establish this, you will likely have to have your car inspected by a professional and conduct research to determine whether the issue is common among your vehicle type. 

What causes most rear-end accidents?

While rear-end collisions are considered one of the most avoidable types of car accidents in the United States, the National Highway Traffic Safety Administration notes that these types of car accidents are also one of the most common causes of insurance claims. 

Our rear-end accident lawyers have condensed the following tips to help you avoid being in an accident:

• Drive strategically. Be prepared if the person ahead of you stops suddenly.
• Don’t get distracted while driving, as this can cause you to slam on your brakes
• Keep your distance from other drivers so you have plenty of time to stop
• Stay 70 feet away from other cars (five car lengths) in inclement weather
• Follow the three-second rule
• Do not tailgate other vehicles
• If you feel uncomfortable or like you will need to stop suddenly, let others pass you. For example, if you’re concerned with poor road conditions, it is better to let anyone tailgating you pass.
• Never drink and drive

How long does it take to settle a rear-end accident?

Like any other personal injury or car accident lawsuit, it can be difficult to pinpoint an exact timeframe regarding how long it will take for your rear-end accident claim to settle. However, it can be helpful to understand that there are basic guidelines of progression in which every personal injury case will follow. Be sure to ask your car accident attorney to explain the necessary steps of a personal injury lawsuit so you may gain some insight into what to expect for your own claim. 

How can a personal injury attorney help? 

An experienced car accident attorney knows the ins and outs of the legal system and will be able to guide you through this intimidating process. Since the driver in the back is usually held liable for a rear-end collision, our experienced car accident attorneys in Las Vegas know how to build a legal argument in your favor to prove otherwise.

Our accident attorneys understand what is needed to build an impenetrable legal argument on behalf of our clients in rear-end collision accidents. Our Lyft accident lawyers help you examine your case to determine liability, which is essential for any defendant in a rear-end collision accident. If you’re hoping to succeed in proving that you’re not actually at fault for a rear-end collision, having an attorney in your corner to handle the complex legal issues and guide you to success is imperative. 

Not only will we build a legal argument on your behalf and negotiate a settlement with the opposing counsel, but we will also handle any legal correspondence on your behalf, allowing you to focus on recovering from any injuries you may have incurred as a result of the accident. 

Should I get a lawyer for a rear-end car accident?

If you’re unsure whether getting a personal injury attorney to represent you in your rear-end accident lawsuit is worth it, our legal team can assure you that it is necessary for your success. When you have an experienced collision accident attorney representing you, you know you’ll have an expert litigator who is well-versed in both Nevada law and auto accident claims to fight for your rights. Our legal team can help you navigate your claim to ensure you are not held liable for a rear-end accident that you did not actually cause.