Car accidents occur due to several reasons. From fender benders to high-speed crashes, the potential scenarios are endless. One of the most common types of collisions is when one car rear-ends another. When it comes to these types of accidents, most people assume the driver who rear-ended the vehicle in front of them is to blame; however, this isn’t always the case.
Discover why the driver who rear-ends another vehicle may not always be at fault.
Defining Negligence
Finding out who was responsible for a car collision is typically a matter of deciding who was negligent, which is the legal term for careless. In most cases, common sense will inform you when a driver, pedestrian, bicyclist, or motorcyclist acted recklessly, but you may not know which rules they violated. Furthermore, your argument to your insurance company will have more credibility if you find some official support for your claims.
Continue reading to learn more about the importance of determining negligence.
How Can I Prove Another Driver Was Negligent?
To prove another driver was negligent in connection with a car accident, you must first prove they breached a duty of care. Every person on the road, from drivers to pedestrians, owes each other a duty of care because they’re sharing public space. For instance, drivers exercise their duty of care by following road rules. Although everyone shares the responsibility of maintaining roads safe, some drivers breach their duties by doing the following:
- Failing to stop within a reasonable time
- Failing to drive at the speed limit by either driving too fast or slow; this also takes into consideration adverse weather conditions
- Failing to maintain control of the vehicle
- Failing to drive at a safe distance from other cars
- Failing to use turn signals
Moreover, you must also prove the other driver’s breach of duty resulted in the accident. Most importantly, you must be able to demonstrate the other driver’s conduct left you with actual damages, such as physical injuries or damage to your vehicle, as a result of the accident.
Establishing Fault for Rear-End Collisions
The operator of the car that rear-ends a leading car will almost always be found partially negligent because every driver must maintain a safe distance from each other. The following scenarios demonstrate how the driver of the car that gets rear-ended can be found negligent:
- A driver suddenly breaks to make a turn or fails to execute it.
- A driver reverses at a high acceleration suddenly.
- A driver’s brake lights stop functioning.
- A driver gets a flat tire but doesn’t pull over or turn on their car’s hazard lights.
Since the driver of the car that gets rear-ended would probably be found negligent, the legal impact of their negligence will depend on how their carelessness contributed to the accident. For example, Utah is a modified comparative negligence state with a 50 percent at-fault bar; if you’re half at fault for the accident, you are ineligible for damages.
Flickinger Sutterfield & Boulton Can Help
Being involved in a car accident can be emotionally, physically, and financially taxing. If you were recently involved in a rear-end collision, you might be eligible for compensation.
The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can help you receive damages from the negligent driver. We won’t charge any fees unless you receive compensation for your lawsuit.
We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.