Rear-end collisions are some of the most common types of car accidents. It occurs when a vehicle strikes another from behind, which leads to the automatic assumption that the car from behind is at fault. However, that isn’t always the case. It’s important to know a few facts about rear-end collisions to understand who’s responsible.
Car Accidents and Negligence
Negligence is frequently a reason why a rear-end car accident occurs. It is a term used to describe a poor level of care in comparison to what would be considered reasonable. Negligence is commonly cited for the cause of many accidents, but in the case of a car accident, the plaintiff has to first prove that a duty of care existed.
This is easy because all drivers on the road are obligated to exercise care while driving their vehicle. The second thing is to prove that a driver breached that duty. A breach of duty of reasonable care by a driver can occur through the following:
- Failing to pay attention to the road or notice road hazards
- Failing to stop within a reasonable amount of time
- Speeding or driving too slowly
- Not maintaining control of the vehicle
- Failing to yield the right of way
- Not using turn signals
- Following too closely behind another vehicle
The third thing the plaintiff must prove is that the other driver’s breach of duty directly caused the car accident. Of course, there must also be damages as a result of the accident, including injuries and possibly damage to their car.
How is Fault Established in a Rear-End Accident?
Although it is usually automatically assumed that the rear driver is at fault for a rear-end collision, there are times when the front driver is the one who caused the accident. Certain situations can result in the rear driver not having enough time to be able to stop and prevent striking the front vehicle. The following scenarios often mean that the front driver is at fault for the accident:
- The driver abruptly reverses
- The driver makes a sudden stop to make a turn but fails to perform that turn
- The driver’s brake lights aren’t working
- The driver gets a flat tire but doesn’t pull over or use the car’s hazard lights
- The driver is operating their vehicle too slowly because they are distracted, such as from texting while driving
- The driver pulls out in front of the driver without a reasonable amount of time to stop
In all of the above situations, the front driver would be considered negligent and therefore at fault for the rear-end accident.
If you have been involved in a rear-end collision, it’s important to have a skilled Houston auto accident attorney on your side. It can help you to pursue maximum compensation for your injuries and damages. Our team at The Daspit Law Firm is ready to help.