Rear End Accidents
28% of all highway collisions, according to the National Highway Traffic Safety Administration (NHSTA), are “rear end collisions.” A rear end collision can cause collateral damage covering a range from being inconvenient to being immobile; however, these accidents are the most avoidable and if in a situation such as this, Ryan Sargent, auto accident lawyer, can help.
Rear end accidents are typically cause by variables such as the weather, a surrounding event, and in most cases, driver negligence. An impact from a rear end accident can be deadly for the driver in front; in more lucky cases, the impact could still cause property damage or the driver may end up with an injury such as a strain or a sprain. In order to receive benefits, you have to be able to prove that the other driver’s inattention had caused the accident.
How do I prove driver inattention?
While behind the wheel of an automobile, it is the requirement of the driver to ensure the safety of those around them and conduct themselves reasonably. On a general overview, this means that all drivers must pay attention to the speed limit, practice safety when changing lanes, and allowing those who are walking and other drivers the right of way when appropriate. Besides the typical practices in caution, it is important that the driver also adheres to the rules of safety and attentiveness.
In the event that you need to avoid a rear end accident, as a driver you have a few options. It’s recommended that the first step is ensuring that you are at least three car lengths away from the car in front of you; if at all possible it is encouraged to remain even further back just in case. The second option is to abide by the California 2009 law which ensures that drivers know that it is illegal to text and drive. The last option in keeping you safe and preventing a rear-end collision, is implementing cautionary practices during the event of bad weather. Even if prevention can be put into place, statistics prove that one out of every four automobile collisions are caused by a rear-end accident that could have been avoided. Establishing the negligence of a rear-end accident is proven only when the victim can show that:
• The driver at fault owes the victim a duty of caution.
• A driver neglected his responsibilities by being in a dangerous manner like talking on the phone or speeding.
• The dangerous behavior of the other driver caused an accident.
• Property damages ensued and/or the victim of the accident sustained personal injuries.
Is it the front driver to blame or the rear driver?
After a rear-end collision, the most obvious belief is that the vehicle in the rear is the one who caused the accident.
In some situations this is not the cause, in fact, it can be the other driver’s fault. The driver in front could be the one who caused the accident, if there is reason to believe that the driver was not driving in a cautious, safe manner.
In the instance that there is a four-lane road and there is a driver positioned in the far right lane and an accident occurs, the man driving could escape responsibility of the accident, if the accident occurred after the front driver changed lanes and ended up in front of the driver in the far-right lane. Any other cases, the rear-end accident dispute can be resolved if there is evidence that the accident occurred because of a vehicle defect or a road interference (e.g., debris, wild animals, etc.); if you believe this could be your case, don’t hesitate to contact Ryan Sargent, who will help review the cause and build your claim.
Were you in a rear-end collision? Contact Sargent Law Firm Now
Call 855-208-3997 today if you have been in a rear-end crash and need to schedule a consultation with the Sargent Law Firm.