Factors Deciding Fault in Rear End Accident Cases

St-louis-car-accident-attorneyHandling an auto accident case can be complicated, but a few cases like a rear end auto accident case are often relatively easy to handle. This is because the driver of a tailing vehicle is often at fault. Although rear end accidents are not only caused by the tailing driver, the driver of the other vehicle usually has the upper hand.
Insurance companies do not waste time deciding the liability in such cases. The only thing considered is the factor by which each driver was at fault. The compensation amount is then divided accordingly.

Factors deciding fault in rear end accident cases:

Road safety rules:

If a car bumps into another car from behind, no matter why the other car halted, the major fault always goes to the tailing car’s driver. This is because road safety guidelines state that you should maintain a safe distance between your car and the vehicle in front of you so that you are able to stop with risk of collision.

In some cases, if the driver of the tailing vehicle is able to prove the other driver’s fault using comparative negligence, his financial responsibility can be reduced significantly.

Nature and degree of damage to the vehicle:

The degree to which the leading vehicle is damaged can tell a lot about the nature and extent of the tailing driver’s fault, especially in cases of speeding.

It is not usually difficult to prove a rear end accident case, as the nature of the damage often says a lot about what occurred. But if the driver of the leading vehicle’s fault is proved the case can be turned around and the compensation amount to be received can be cut heavily, if not completely. The leading driver may be at fault if it is proven that they had a non-functioning tail light or were braking unnecessarily because they were under the influence of alcohol.

‘Chain Reaction’ cases:

Chain reaction cases or cases involving more than two vehicles are a little more complicated to handle. When a ‘pile up’ occurs, it is often hard to decide which driver was at fault. Unlike simple cases, in these cases, the driver of the leading vehicle may be held completely responsible for causing the accident. These accidents often happen on highways where vehicles are driving fast.

If you are not the leading driver in such a case but have bumped into another car, it may or may not be your fault. If you bump into the car in front of you before the car behind you bumps into you, you may be held liable, but if it is the opposite, the driver of the car behind you will likely be liable. Generally, unless video evidence is available, it is hard to decide who bumped into whom first, so the driver of the last vehicle is sometimes responsible for such accidents. In some cases, the driver of the leading car can also be held responsible for the accident or each driver can be held equally responsible.

St. Louis Car Accident Attorneys

Car accidents can vary in severity and complexity. It is important to contact an experienced St. Louis car accident lawyer if you have been injured in a car accident. They can evaluate your case and work to get you the compensation you are entitled to.

At the Hoffmann Law Firm we have the experience and dedication need to represent your case. Call (866) 763-6433 for your free consultation.

photo credit: ehavir


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