While every accident is unique, each collision claim requires following certain steps on the path to compensation. One of the most critical steps is determining fault, which is easier to do in some cases than in others.
In particular, establishing fault in a rear-end collision can come with certain challenges. Fortunately, a car accident attorney can assist.
How do rear-end accidents happen?
A rear-end car accident results when a driver collides with the vehicle directly in front of them. Many factors can contribute to a rear-end collision. One main cause of these crashes is speeding, which is also simply one of the leading causes of accidents in general.
Another common cause of rear-end accidents is road rage. When someone drives while enraged, they often fail to follow street signs, lights, and other traffic laws, increasing their likelihood of causing a collision.
In addition, driving recklessly or while distracted can cause a driver to collide with the car in front of them. When drivers are acting recklessly, they put others’ safety at risk, and distractions while driving take a person’s eyes and mind off the road. As a result, these behaviors can easily cause rear-end collisions.
Rear-end crashes also often occur due to driver fatigue and inebriation. When a driver is tired, their ability to safely and successfully operate a vehicle is affected. The same is true when someone drives under the influence of drugs and alcohol. Both these conditions put the driver and everyone else on the road at risk.
Rear-end accidents can result in serious property damage and injury. When you’re involved in a rear-end collision, determining the cause of the accident is crucial to building your claim and pursuing compensation.
Fault in Rear-End Collisions
Determining the cause of your collision comes first, and proving fault is the next step. However, fault for rear-end accidents is challenging to demonstrate under certain circumstances.
In most cases, the finger is pointed directly at the rear driver. But this is not always the case. Sometimes, rear-end collisions are actually caused by the driver in front.
For example, if the front driver is brake checking, a risky driving behavior involving slamming on the brakes, they could easily catch the rear driver off guard and cause that driver to crash into them.
Regardless of whether you’re the driver in the back or the one in the front, it’s entirely possible for the other driver to have caused your rear-end collision. Proving that the other driver is at fault for your collision is crucial to the success of your claim.
Proving Liability After a Rear-End Accident
Usually, rear-end collisions are caused by negligence. Establishing the other driver’s negligence is necessary, and the process involves satisfying the elements of negligence. For instance, you must show that:
- The other driver owed you a duty of care
- They breached that duty of care
- Their actions caused your rear-end collision
- You suffered injuries and losses as a result of the accident they caused
Evidence can help prove the other driver’s negligence and strengthen your claims. Some of the evidence most commonly used in rear-end accident cases includes:
- Police accident reports
- Witness statements
- Traffic camera footage
- Medical reports
It is not unusual to encounter hurdles on the road to proving fault in a rear-end accident. However, a skilled car accident attorney can take on the challenge.
A Car Accident Attorney Can Assist with Your Case
Determining and proving fault after a rear-end accident can be the most challenging part of a claim, but it’s entirely possible with the right help. A car accident lawyer can handle all aspects of your case. They’ll do what needs to be done to help reach the most successful outcome, including investigating your collision and gathering evidence.
The attorneys at Hunt Law proudly serve car accident clients all throughout Northern New Mexico and Las Vegas, NV. Contact us today to schedule a consultation.