Rear-end crashes happen frequently and most of them are very minor, resulting in no or very slight injuries. However, there are times when these accidents happen at a high-speed, which means there is a potential for all parties involved in the crash to experience serious injuries. The most common injury experienced is whiplash and, while it can be minor, it is an injury that can be serious with long-term effects.
If you or a loved one has been injured in a rear-end accident and the other party was mostly or completely at fault, you may be able to file an injury claim against them. At Brotherly Law, we can work to achieve a settlement for you when your auto insurance policy doesn’t cover all of your damages. We will investigate, build a strong case, and fight for your right to not have to pay for expenses that were not your fault.
The presumption that the person who hits the car in front of them is always at fault has existed for quite some time and for good reason. The reason is because most drivers that rear-end the cars in front of them do so because of some kind of negligence. Perhaps they were texting while driving, operating the radio, fussing with a GPS system, doing their makeup, arguing with someone in the car, or dialing a number on their phone.
However, there are times when the party that rear-ends the vehicle in front of it isn’t at fault. There are a number of items that are looked at when determining whether or not the person who rear-ended the front car was at fault. Those items are:
The last item is the most frequent reason as to why rear-end accidents happen. Drivers are supposed to leave two car lengths between them and the car in front of them in case the car in front of them needs to suddenly stop. Unfortunately, many motorists don’t adhere to this rule. Bumper-to-bumper traffic is common in some instances around Pennsylvania, and law enforcement sometimes enforces the two car length rule by pulling over motorists that don’t follow it.
The party that rear-ends the car in front of it will almost always be considered negligent to a degree because every driver has a duty to follow those in front of them at a safe distance. Nonetheless, there are times when the driver of the leading vehicle can be at fault. If the driver in the leading car reverses suddenly, stops suddenly to make a turn and fails to make the turn, has non-functioning brake lights, or hazard lights aren’t engaged when they need to be, the dr
iver of the leading car could be partially negligent for the accident.
Rear-end accidents are the types of accidents where comparative and contributory negligence may come into play. This is where it is determined what percentage of fault belongs to each party. One person can be more at fault than the other, so that is the person that would pay compensation in a settlement or lawsuit. If both parties are equally negligent, then it is possible no one gets anything from the other party.
The rear-end accident is not the typical type of car accident in that the person who hits the back of the vehicle in front of them is almost always cited, despite the fact the car in front of them may have caused the accident. If you have been involved in a rear-end accident and you were injured, it is important to speak with an injury attorney as soon as possible. To learn about how Brotherly Law can help you, call us at (215) 545-8500 or contact us online to schedule a free consultation.
If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.