A car suddenly stops in front of you without warning, and, as far as you know, without cause, you hit them. Even though it was fully their fault that you hit them because they stopped suddenly, you are now learning that you may be responsible for the car accident, including the damage to both your car and that of the other party. A common question our Oklahoma rear-end collision lawyer hears is often about the fault assigned to the rear driver in a rear-end accident.
Typically, the Rear Driver Is at Fault
In most cases, the driver who struck the other vehicle is responsible for the damages they caused to the other party because it indicates that they failed to maintain control over their vehicle. After a crash like this, though, determining fault is not always as simple as who hit who. Ultimately, the police officer at the scene and others later may find that the other driver was to blame for the accident and, therefore, the rear driver is not at fault fully.
The National Safety Council shares that 17.9% of all crashes that lead to fatalities in the U.S. involve rear-end crashes, accounting for a large amount of financial loss. A rear-ending car accident can sometimes be avoided when drivers are able to react fast enough to what is occurring in front of them, but that may not always be the case. As a result, if you believe you were not at fault in such an accident, you will likely have to prove that you should not hold responsibility for the incident.
Proving liability in a case like this can be challenging, especially since it is often assumed that the driver behind is responsible for the accident. Having a trusted, experienced car accident attorney to take on your case could be critical, especially if you suffered substantial losses from the incident. Our legal team at BDIW can provide you with a free consultation to discuss your case and learn if you may have the ability to fight against claims against you.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYWhy May You Not Be Responsible for a Rear-End Accident
There are a wide range of potential reasons that you may not be responsible for the accident in which you rear-ended the other driver, but you will need to have evidence about what occurred. When you work with our attorney, we can help you determine if that is possible – and it may be even if the police reported that you were at fault. Some examples of when the rear driver may not be responsible include the following:
- Swerving unexpectedly
- Brake checking the driver behind
- Improper turning, especially without signaling
- Failure to signal
- Nonfunctioning brake lights on the vehicle
- Back-up accidents
In these situations, it is important for you to do what it takes to prove that these types of incidents occurred and that is what led to the losses you have. Proving liability can be complex, but our attorneys can help you gather evidence to do that, including obtaining information from witnesses as well as using expert witnesses to gather that information. The key is to reach out to us so we can get to work on your case right away.
How Can an Attorney Help You Prove Liability in a Car Accident Case?
When a police officer arrives on the scene of a car accident, one of the first things they do is to gather as much evidence as possible about what occurred, and often, they use the circumstances of the situation to determine fault. In a rear-ending, it is very common for the police officer to automatically assume that the driver that hit the other is responsible. When that is not what occurred, you will need to share that information at the time of the incident.
Even if the police officer claims you are responsible, we can gather evidence to prove that this may not be accurate. This may include gathering video or photos of the incident, talking to multiple witnesses, and using expert witnesses who can look at the details of the incident and provide insight. In addition to this, we can often seek out medical information about the other party, such as their blood alcohol level if they were swerving.
As your car accident attorney, we will present a wide range of scenarios that may fit your situation. The ultimate goal in these situations is to find as much information to support what you believe occurred and present it in a way that makes it very difficult for anyone to refute that claim. With our experience, we can work to make sure that is the case as long as evidence is available.
Why Trust Our Legal Team to Help You with Your Case
Proving liability in a case like this may be hard to do, and working with our highly experienced car accident attorneys can help to make it more likely that you are successful. This is simply because we may be able to gather more valuable information, data, and resources to support you. We encourage you to reach out to us for exceptional service and a free consultation to discuss the circumstances around your case.
There are many reasons to trust BDIW with your legal matter. These include the simple fact that we will provide you with accurate information and transparency about your legal options in a case like this. We provide the results:
- We have helped clients recover millions of dollars in losses.
- We have decades of experience to use to help support your needs.
- Our team is compassionate with our clients but aggressive in pursuing fair compensation.
Schedule a Free Consultation with Our Legal Team Now
If you have questions about whether the rear driver is always at fault in a rear-end car crash, contact our injury attorneys to discuss your case openly and honestly. We offer a free, no-obligation consultation that can give you all of the insight you need into what to do to prove your case. Call us now to learn what steps we can take to support you through this legal matter.
