Rear End Accidents
28% of all highway collisions, according to the National Highway Traffic Safety Administration (NHSTA), are “rear end collisions.” Car crash lawyer, Ryan Sargent can help you if you end up in a rear end collision and are at an inconvenience or your vehicle is rendered immobile, even when this type of car accident can be the most avoidable.
While driver unawareness is of course the major factor that can cause a rear end crash, other factors include weather and surrounding events. For the person in the front, an impact from a rear end accident can range from deadly to at least causing property damage or a minor injury such as a strain or 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?
All drivers must behave in a careful and reasonable fashion while behind the wheel of a motor vehicle. In order to assure this, the motorist must always obey the speed limit, practice changing lanes safely, and allowing pedestrians and other motorists, where applicable, the right-of-way. Observing extra caution is imperative, but motorists must also obey to the rules of safety and carefulness.
There are a few options for drivers to ensure that they can avoid the event of a rear end accident. For starters, making sure that you maintain a safe following distance of about three car lengths or more if possible. The second option is to abide by the California 2009 law which ensures that drivers know that it is illegal to text and drive. Your last option is to practice extra caution during times where the weather is hazardous; this will help keep you and other drivers out of a rear-end accident. 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.
• A collision was caused be the dangerous act of another driver.
• The victim was injured and/or ended up with property damages.
Who should be faulted, the front driver of the rear driver?
Typically in the event of a rear end accident, the rebuttable deduction is that the rear automobile is the one to blame.
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.
Have you been injured in a rear-end accident? Call Sargent Law Firm Before It’s Too Late
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.