How is Fault Assigned in a Rear-End Collision?
It would seem clear who is responsible for an accident where one car crashes into another car in front of them. Of course, the first response would be the car that hit from behind is responsible. Many times this is the case, but not always. Rear-end accidents happen quite frequently, and according to the National Highway Traffic Safety Administration are the most common. Breaking down an Arizona rear-end collision to determine fault is not an easy task. Figuring out who is responsible and by how much is something that is best done with a skilled Arizona automobile accident attorney.
All crashes are traumatizing for those involved and shocking to the system. They can also be confusing and overwhelming. You may be unsure about how much liability you own for your accident. That isn’t uncommon to experience some bewilderment as to what your legal rights are after an accident or what to do when you have been injured in an accident. The experienced Arizona serious injury attorneys at ELG will discuss your accident situation with you, answer your questions, and provide you with options to move forward with a personal injury claim if your experience qualifies for beginning the process.
How to Determine Fault in a Rear-End Accident
Rear-end collisions happen every day across the country. Distracted driving and congested roadways with heavy traffic are often to blame for these crashes. Typically, when a car hits another car from behind, it is the car that smashes into the back of the other that is liable for the accident and the resulting damages. This is especially so if the driver who was hit was legally stopped at a stop sign or a red light for example. It is an easy case when one driver is following the rules of the road and the other is not.
Weather conditions play a big part in causing accidents. However, the weather is not a valid excuse to avoid liability in an accident. Even if it was the weather that caused a driver to smash into another car from behind, the driver with front-end damage will still be held liable for damages to the other driver who sustains rear-end damage. The argument that the driver should have taken poor conditions into consideration and been proactive at driving slower or pulling over to avoid a crash can always be made.
Not every Arizona rear-end accident is only the fault of the driver who smashes into another car from behind. Sometimes the driver in front is also at-fault. These scenarios are those that can result in both drivers holding some amount of fault for a rear-end accident:
- A driver unexpectedly putting their car in reverse
- A driver has a tire blow out or goes flat or a light doesn’t work and that driver suddenly stops in traffic to make a fix
- A driver abruptly stops in traffic without reasonable cause
- Driving in an unpredictable or erratic manner
- Stopping to turn, but not actually turning a car out of traffic
When Should You Speak with an Arizona Personal Injury Attorney?
It is very possible that if you were in a rear-end collision you can still obtain compensation. WEather you are the driver that was hit or the driver that hit another car in front of you, there are pathways to argue for compensation. Let the Phoenix personal injury attorneys at ELG review your case today during a free consultation. Call ELG at (623) 877-3600.
