This is not always the case but, many times, that back driver is the one who does take full liability when someone files a claim.
The reason is typically chalked up to negligence. When on the road, all drivers take on a duty to exercise care when operating their cars. They can breach this duty in a number of ways including:.
The driver in the rear is almost always at fault in these situations. Some incidents where this may occur include:. In the examples above, the driver who actually gets rear-ended would likely be the one considered negligent.
NEVER drive away from the scene. All states have hit-and-run laws and you will be fined and or jailed. Next, make sure that everyone is okay. If anyone is seriously injured, call an ambulance. Then, call the police. Most jurisdictions require that the police be called if anyone is at all injured or if there is damage to a vehicle or property.
You might also need to file a police report with your insurance company when you are seeking a claim. While waiting for the police, without endangering yourself take photos. Take photos of any and all damage. Take photos of where the accident took place. And take photos of any injuries or cuts you might have sustained.
Then, contact the insurance company. If you were at all injured, you should seek medical attention as soon as possible especially as it relates to pain management. After this, contact a personal injury attorney. They are the best resource to protect your rights and help you get compensation for your injuries.
By understanding more about traffic accidents, and rear-end collisions in general, you will be more prepared the next time something like this happens to you. And whether you are at fault or not, you have rights and deserve to have your say.
If you were in a traffic accident or would like to learn more please contact The Decker Law Firm your car accident attorney, Contact us today for a free consultation.
Michelle Parker Jeffrey P. Decker, Jr. Google Rating. The Decker Law Firm 4. Rose Bryant. Clark Clark. If you rear-end someone, you should take pictures of the accident site to document damage to your car and the other vehicle.
Tell the police what happened, and be honest. While it may be tempting to make excuses or leave out some details, these inconsistencies can come to light later and impact your liability for the accident. Explain exactly what occurred. Make sure you swap insurance information with the person you hit. Then, contact your insurance company as soon as possible to report the accident and get the process of paying for damages to the other driver started, if necessary.
Throughout all this, do not ever admit to fault in the accident, either to the police or the driver of the other car. So, do not admit it is your fault while the investigation of the accident is ongoing. If you were driving slowly at the time of the accident , it might appear the other driver did not suffer any damage. If you were rear-ended, you should take all the same steps as you would if you rear-ended someone, including calling your insurance company as soon as possible.
Gather as much evidence as you can to prove your version of events, including pictures and statements from witnesses. Following this type of accident , you may feel like you are simply out of luck. After all, a driver who rear ends another vehicle is at fault for the crash, right? No, not necessarily. While many people incorrectly assume that the second driver is automatically at fault, the reality is that the lead driver, and other parties, can also be held responsible for a rear end collision.
In this article, our top-rated Las Vegas rear end accident attorneys explain what drivers need to know about rear end collisions and fault in Nevada. Nevada is a fault-based motor vehicle accident jurisdiction. For instance, a driver who is found to be at fault for percent of a crash will be held financially responsible for percent of the resulting damages.
In contrast, a driver who is found to be at fault for 60 percent of a crash will only be held liable for 60 percent of the damages. In rear end collision cases, it is generally presumed that the rear driver is the one who is at fault for causing the accident. The reason for this is relatively simple: most rear end collisions are, in fact, the fault of the rear driver.
The NHTSA rear end accident causation study found that the majority of rear end collisions actually occur when the front vehicle is not even moving.
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