Rear end auto accidents are one of the most common types of accidents. Especially with the increased use of cell phones and so many distractions and gadgets in modern vehicles, rear end accidents are on the rise. The National Transportation Safety Board (NTSB) reports that 28% of all car crashes are rear-end collisions, and almost half of all two-vehicle accidents are rear-end collisions.
Generally, the accepted belief is that if you hit a vehicle from behind, you are at fault. However, that is not always the case, especially when the driver in front of you suddenly slams on their brakes. There are a variety of situations where the driver of the front of the car is at least partially to blame. Proving that fault can be difficult, and in these types of auto accidents, sometimes blame or negligence is shared between the two parties involved at a percentage determined by the insurance companies and attorneys.
If you have rear ended someone and believe the other driver created a situation that led to the accident, it is imperative that you contact an attorney immediately.
Here are some circumstances that could lead to the lead driver being at fault or partially at fault in a rear-end collision:
- Suddenly slamming on brakes for no reason, or to turn, and then not fluidly executing the turn.
- Pulling into traffic from a side street or driveway without leaving adequate space for vehicles in the lane.
- Cutting off the rear driver by failing to signal when changing lanes or turning without a signal.
- Malfunctioning brake lights.
- Reversing suddenly at a stop light or intersection.
- Failing to pull out of traffic lanes or use hazard lights in the event of a flat tire or car breakdown.
- Parking in a traffic lane.
Accidents are almost always caused by some form of negligence. Whether that negligence is fully the result of the rear driver, fully the result of the front driver, or shared between the two drivers can be difficult to determine. There are many factors that the police, insurance companies and attorneys debate in order to assign degrees of fault.
Usually it is found that the accident is more than 50% the cause of the rear driver, because the rear driver has a higher burden to maintain adequate space and attention on the roadway in front of his/her vehicle. Most states operate under a Contributory Fault principle, meaning that once percentage of fault is determined, each driver is responsible for paying for that percent of the damages to the other party. For example, if actions by the forward car’s driver are deemed to be 30% at fault, then the rear driver is responsible for paying only 70% of the other driver’s damages.
This is why in rear-end collision cases, it is vital to consult with a knowledgeable and experienced auto accident lawyer Memphis, TN trusts as soon as possible after an accident. You may be less at fault than you think.
Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for their knowledge about personal injury.