What Are My rights After I’ve Been Rear-Ended By Someone That Was Read-Ended?

By | March 27, 2017

Rear-End Collisions are quite common in motorist accidents.  In fact, according to the National Highway Traffic Safety Administration (NHTSA), 40% of all accidents that occur every year (6 million) are attributed to rear-ended collisions. Drivers have been growing increasingly distracted while driving – texting being a major distraction for many drivers. Rear-end vehicle claims can be quite complex due to the amount of information that they require because of the involvement of so many drivers.

The reason why rear-end collisions occur is not solely because of distractions. Other variables such as road design, weather conditions, or faulty mechanical equipment, among others can tie into the cause of an accident. Each state has their own laws and regulations regarding rear-end crashes. Seeking a masterful legal practitioner who practices personal injury law is imperative any accident case.

Determining Fault

For the most part, the driver that rear-ended you would be the one who usually takes the blame. They have a legal responsibility to maintain a safe distance from your car. When multiple cars are involved, you would have to determine which of the two drivers behind you acted negligently. For example, let’s say you are driver A, the vehicle that hit you is Driver B, and the car that hit them is Driver C.

Driver A, you, are hit by Driver B because Driver C was distracted on their phone. In this case, Driver C would be liable for the damages for both Driver A and B. On the other hand, if Driver B hit Driver A and then was struck by Driver C causing Driver A to get hit again, then Driver A could seek compensation from Driver B and C for their damages. Once a driver is traveling too fast or too close, they have violated the vehicle code and the police officers are the one’s who will determine who was at fault.

There is something known as “comparative negligence” that explains how a driver who was rear-ended may have contributed to the accident as well. How could that be possible? Well, if you did not have functioning brake lights, or suddenly braked for no reason, then it could be found that you were partially at fault for the accident. Just keep in mind that if they find that you were also a cause for the accident your compensation could be reduced.

Trying to figure out who was at fault or if you also played a role in a rear-end crash can be stressful. It doesn’t have to be if you seek the aid of one of experienced California personal injury lawyer.

About Author

Benjamin Drake is a California personal injury attorney and founder of Drake Law Firm. A law firm dedicated to all injured with dedicated attention and deserved compensation.

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