Is The Person Who Rear Ends Always At Fault?
In the event you get rear-ended, it’s important that you don’t admit to any fault but contact the police and a personal injury lawyer immediately. Even though they are considered minor accidents in some states, rear end car accidents are very common and even at low-speed they can cause serious injuries also cost the victims millions every year in medical and rehabilitation expenses.
Some of the most common injuries arising from rear-end automobile collisions include:
- Traumatic head injuries
- Spinal cord injuries
- Broken bones (ribs)
- Facial disfigurement and more
Like many rear-end collisions that happen unexpectedly, the front seat passenger(s) faces the greatest risk of injury since the drivers may brace the impact to some degree with the steering wheel. Rear end collision cases may occur in a few ways; One, when the car in front is suddenly hit from behind by the rear driver who is most likely following too closely behind or two, when the front car suddenly stops causing the rear car to hit it. Often, in these types of scenario, it’s prudent to get the police involved and file a report.
Before Exchanging Insurance Information & Dealing With The Assigned Advisor
Your first instinct when you have been the victim of a rear-end collision may be for both you and the driver who has rear-ended you to exchange insurance information and get on with your day, especially if the vehicular damage is minimal. Nothing wrong with that, but it can greatly jeopardize your ability to pursue any liability claim against the at-fault driver when any symptoms from an injury begin to manifest themselves later on.
Irrespective of who caused the accident, rear drivers are required by law in all states to leave ample space between themselves and the car in front. Which is why your argument to an insurance company or the police would be to assume the rear driver acted carelessly and was at fault for an accident. Even though some insurance companies hardly bother to argue that the other driver is at fault 99% of the time, you too can cause a rear-end collision.
For example, if someone hits you from behind the motorist that hit you may lay claim against someone who caused you to stop suddenly. Also, if the rear-end accident is due to your own carelessness such as taking or texting on the phone, your brake or tail lights were out, you had mechanical problems but failed to move the vehicle off the road, this reduces your compensation under the rule of “comparative negligence.” It’s important to note that if the car behind you collided into your rear as a result of being hit by another driver from behind the driver of the car that hit you may have a claim against a third car that pushed his into yours. But this doesn’t change their responsibility for injuries to you and damage to your car.
In the event you get rear-ended, it’s important that you don’t admit to any fault but contact the police and a personal injury lawyer immediately. While at it, check for injuries even if you feel fine in order to validate your insurance claim