Most of the time, the rear driver is at fault in a rear-end accident, but that’s not always the case. A car accident lawyer from our firm can help determine liability if you’ve been in a car accident.
Our Okemos car accident lawyers at White Law PLLC explain possible at-fault parties and how our team can help you after you’ve suffered losses in a rear-end collision. We’re here to take the sting out of your situation.
Additional Liable Parties At Fault in a Rear-End Accident
Even though the driver behind is at fault often, that doesn’t mean other parties can’t be responsible for your injuries and damages. Another party that could be at fault is the rear-ended driver, which means you could share the fault. Some common ways you, as the driver, could be at fault include:
- Sudden braking: If the driver who was rear-ended suddenly and without reason applied the brakes, it could be argued that you contributed to the accident by engaging in a dangerous maneuver that caused the following driver to be unable to stop in time.
- Reversing unexpectedly: If you suddenly reversed your vehicle without warning, your unexpected movement contributed to the accident by confusing or surprising the following driver.
- Improper lane changes: If the rear-ended driver made an abrupt or improper lane change without signaling or checking blind spots, your negligent maneuver could have caused the following driver to collide with your vehicle.
Another party that could be responsible for your injuries is the vehicle manufacturer or parts company. If the manufacturers released a car with a mechanical issue, you could hold them accountable for your losses. Here are some examples of how a manufacturer could be at fault:
- Brake failure: The manufacturer’s faulty brake components could lead to a rear-end collision.
- Acceleration or unintended movement: Defects in the throttle system can cause sudden acceleration and rear-end accidents.
- Faulty lighting or signaling: Manufacturer’s defective brake lights or turn signals fail to warn the following driver.
- Tire blowouts: Manufacturing defects, such as tire tread separation, could result in a rear-end accident.
Your Fight Is Our Fight
How Can a Car Accident Lawyer Help Determine Liability?
A car accident lawyer is essential in determining liability following a car accident. We can conduct thorough investigations, gather evidence, and analyze the legal aspects of the case to establish who is responsible. With our legal knowledge and experience, we can assess the facts with traffic laws and regulations to determine liability accurately.
We’ll also identify all potentially liable parties, including drivers, vehicle owners, employers, and government entities. Car accident lawyers often work with expert witnesses who provide specialized opinions on accident reconstruction, vehicle mechanics, or medical injuries, which can support arguments regarding liability.
Our team of lawyers is skilled in negotiation and we can engage with insurance companies and opposing parties to seek a fair settlement. We can also represent you in court, presenting a strong case to establish liability if necessary.
One of the most important things in a rear-end car accident is proving the elements of negligence. We can help prove these four elements to get you the compensation you need.
What Are the 4 Elements of Negligence?
Regarding a rear-end car accident, the four elements of negligence play an important role in determining liability and pursuing a personal injury claim. Let’s examine how these elements apply in a rear-end accident:
- Duty of care: In a rear-end car accident, all drivers must operate their vehicles safely and responsibly, maintaining a reasonable distance from the vehicle in front and being prepared to stop if necessary. This duty of care exists to prevent foreseeable harm to other drivers on the road.
- Breach of duty: The element of breach of duty comes into play if the driver fails to uphold their duty of care. For instance, if a driver follows too closely or fails to pay attention to the road, leading to a rear-end collision, it may be considered a breach of duty.
- Causation: Causation in a rear-end car accident typically involves establishing actual and proximate causation. Actual causation is determined by showing that the accident would not have occurred “but for” the defendant’s negligence. Proximate causation examines whether the harm (e.g., injuries, property damage) was a reasonably foreseeable consequence of the defendant’s conduct, considering the circumstances of the accident.
- Damages: The element of damages focuses on the actual harm you’ve suffered. In a rear-end car accident, damages can include physical injuries, such as whiplash, back pain, head trauma, property damage, medical expenses, lost wages, and pain and suffering. It is essential to provide evidence of the specific damages you incurred due to the accident.
What Evidence Can Help Prove Fault in a Rear-End Car Crash?
To prove liability, you must have clear evidence of the rear-end accident. Our Okemos car accident attorneys can help you gather evidence such as:
- Photos and videos of the accident
- Medical records detailing tests, X-rays, and surgery
- Police reports
- Eyewitness testimonies
- Debris from the accident
- Cell phone records
We understand that you may be going through a difficult situation and we are ready to help however we can.
Why Should You Choose White Law PLLC For Your Rear-End Car Accident?
We care about our community, which means you. We’ll do whatever necessary to help you after you’ve suffered a serious rear-end car accident. Our team has diverse backgrounds that help us succeed in your case.
We embrace technology and use cloud technology to protect your data and case details, so you never have to worry about anyone but you and our team accessing your data. In addition, we are a paperless law firm which cuts costs for us and, in turn, our clients.
We’ve served over 30,000 clients and recovered over $1 billion in settlements in our years serving communities in Michigan. We have the drive, passion, and experience to win your case.
You will always work directly with your attorney throughout your case.
Contact Us To Learn More About Who Is At Fault in a Rear-End Crash
At White Law PLLC, we’re ready to help you determine who is at fault for your injuries and get you the compensation you qualify for. Contact us today for a free consultation with one of our Okemos car accident lawyers.
We’re Experienced. We Care.
We Exceed Client Expectations.
