Rear-end collisions are common and often lead to questions about liability. If you rear-end another vehicle, it is generally assumed that you are at fault, but this is not automatically the case.
That assumption is based on the idea that a driver should maintain a safe following distance to prevent such accidents. However, this presumption can be challenged under specific circumstances.
What Factors Can Affect Fault in a Rear-End Collision?
Heavy traffic might contribute to rear-end collisions when vehicles are stopping and starting frequently. The ability to safely stop or slow down may be impacted by the surrounding conditions. Or, if the vehicle in front has faulty brake lights or other equipment issues that contributed to the accident, that might affect fault determination.
Sudden and erratic movements by the vehicle in front, like abrupt stops or swerving, can influence fault. Additionally, if the rear driver was distracted or impaired, it could affect the outcome. Finally, poor road conditions, such as ice or potholes, might impact the ability of a driver to stop in time and could contribute to a collision.
Can Fault Be Shared in Rear-End Collisions?
Yes, for the reasons outlined above. Additionally, if the front vehicle was involved in illegal maneuvers or if the brake lights were not functioning properly, the rear driver might be held partially responsible or not held liable at all.
If both drivers contributed to the accident, the degree of fault might be divided accordingly. For instance, if the rear driver was following too closely but the front driver made an abrupt, unnecessary stop, both parties might bear some responsibility. In these cases, the insurance companies or courts will assess the situation to determine the percentage of fault attributable to each party.
How Is Fault Determined After a Rear-End Collision?
Fault is determined through several methods:
- Police Reports: A police report can provide an official account of the accident, including statements from both drivers and witnesses. This report can influence fault determination.
- Insurance Company Investigations: Insurance companies will investigate the accident, review evidence, and determine fault based on their findings. This can include reviewing photographs, vehicle damage, and driver statements.
- Witness Statements: Independent witnesses who saw the accident can provide valuable information regarding the events leading up to the collision. Their statements can help clarify the actions of each driver.
- Vehicle Damage: Analyzing the damage to both vehicles can provide clues about the collision dynamics and help in determining fault.
What Should You Do After a Rear-End Collision?
If you are involved in a rear-end collision, the following steps can help protect your interests:
- Gather Evidence: Collect photographs of the accident scene, vehicle damage, and any relevant road conditions. If possible, obtain contact information from witnesses and document the accident details.
- Seek Medical Attention: Even if injuries seem minor, get checked by a healthcare professional. Some injuries may not be immediately apparent.
- File a Police Report: A police report can establish the facts of the accident and support your case.
- Notify Your Insurance Company: Report the accident to your insurance provider and provide them with all necessary information. Do not admit guilt or offer opinions; stick to the facts. Your insurer will investigate and handle the claim process.
- Consult an Attorney: If fault is disputed or if you are facing significant claims, a lawyer can provide guidance and protect your rights.
A Skilled Philadelphia Car Accident Lawyer at McCann Dillon Jaffe & Lamb, LLC Can Fight to Protect Your Rights
If you were involved in a rear-end collision and have questions about liability, a skilled Philadelphia car accident lawyer at McCann Dillon Jaffe & Lamb, LLC will provide a free consultation. To learn more, call our Philadelphia and Abington, Pennsylvania, and Wilmington, Delaware, offices at 215-569-8488 or submit our online form. We also serve the surrounding areas.