Collisions in which one driver has rear-ended another can occasionally be relatively straight-forward to resolve. Unfortunately, for the majority of cases, “ease” of resolution is not something that characterizes their experience of the litigation process. Without legal guidance of a car accident lawyer, rear-end collisions can be surprisingly complex when attempting to reach a settlement. On the other hand, a lawyer can significantly improve your chances of receiving a fair compensation amount and ensure that you are not wrongly blamed for the incident. Read on to learn how a lawyer can help you in such a case.
Proving Liability in a Rear-End Car Accident
Determining liability for a rear-end collision is a challenging task. One compounding factor is the location in which the accident took place. For instance, in at-fault (also known as “tort”) states, the individual who was driving the rear vehicle in the collision would automatically be found liable.In contrast, no-fault states would not impose automatic liability. They could instead assign partial fault to each driver or even place the driver of the front vehicle at fault.
In any case, if the accident was not your fault, you should do everything in your power to avoid wrongful liability. This includes hiring a lawyer. Without the assistance of a lawyer, you are at risk of being blamed for an accident that you did not commit. The other driver’s insurer, and perhaps even your own, will do all they can to avoid a payout for compensation. This means that they will exploit any uncertainties or details of the crash that imply fault on your behalf, even in the slightest. If they can prove any of the following to be true of your case, they might be successful in assigning the fault to you::
- Your vehicle was not appropriately maintained. (If you were knowingly operating a car that was not up to safety standards, the crash be legally recognized as your fault.)
- Your car struggled with mechanical issues that led to the crash.
- You slammed on your brakes and caused the driver behind you to collide into the back of your vehicle. Even if you only did this in reaction to the cars ahead of you, the other driver can hold you accountable for the sudden halt.
As you can see, there are many instances in which the other driver’s legal and insurance team could possibly gain the advantage in a rear-end collision case. With a lawyer by your side, however, you will not have to face these challenges alone.
Get an Experienced Car Accident Lawyer to Assist You
An experienced car accident lawyer can protect you against the multiple angles from which the other driver’s team may approach their defense. Though it may seem like the odds are stacked against you, your lawyer will thoroughly investigate your claim and collect the necessary evidence to demonstrate your innocence. They will secure dashcam footage, police reports, and even phone records if the rear driver was texting at the time of the crash.
You can entrust your legal defense to a qualified car accident lawyer. Get in touch with an expert today to secure your defense against a negligent driver who is attempting to wrongfully blame you for a rear-end car accident.
