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A rear-end car accident occurs when a driver cannot stop in time to avoid slamming into the vehicle ahead of them. In the United States, around 2.5 million rear-end accidents cause property damage and personal injury, according to the National Highway Traffic Safety Administration (NHTSA). Although many rear-end crashes happen at lower speeds, they still can lead to lifelong medical problems. They can also be more complicated than many other types of collisions, which is why it is important to speak to a car accident lawyer after one happens.
Some of the most common reasons for rear-end collisions include:
In most cases, the following driver is at fault for the rear-end accident. Most insurance adjusters and law enforcement officers automatically will assign responsibility for a rear-end crash to the following driver. However, sometimes, the driver in front is partially or fully to blame for the incident.
The leading driver may have responsibility for causing a rear-end accident in some scenarios. For instance, the leading driver may have no working brake lights or stop suddenly while turning. In these situations, the leading driver may be deemed partially responsible. This is where the concept of comparative negligence comes into play.
Delaware follows the rule of comparative negligence when assigning liability after any kind of traffic accident. Comparative negligence allows for the possibility that both drivers can share responsibility for causing the rear-end crash. A percentage of fault is assigned, and that percentage of fault is deducted from the overall compensation award. A person who is more than 50 percent responsible for an accident is barred from collecting damages.
Since most people assume that the following driver is at fault, an injured following driver may want to work with a lawyer to receive fair compensation. A lawyer can help their client reconstruct the accident scene to determine fault. Without help from a legal professional, a victim may have difficulty recovering damages to pay for hospital bills, surgery, or physical therapy.
How can I Avoid a Rear-End Accident?
Some rear-end crashes cannot be avoided, but drivers can minimize their risk by practicing the following:
If you were involved in a rear-end crash, call one of our Delaware car accident lawyers at Jacobs & Crumplar, P.A. today. A rear-end car accident can cause lifelong injuries, and we can fight on your behalf. Call us at 302-656-5445 or contact us online for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.