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Rear-end collisions are among the most common types of car accidents, and many cause serious injuries and vehicle damage. Although liability might seem clear-cut, it is often challenged. Establishing fault is they key for successful legal outcomes in these cases.
In most cases, the driver of the rear vehicle is considered responsible for a rear-end collision. Traffic laws require drivers to maintain a safe following distance to allow enough time to stop or react to sudden changes in traffic conditions. If a driver fails to stop in time and strikes another vehicle from behind, that driver is usually found at fault.
However, there are circumstances where liability may be shared or shifted to another party. If the leading vehicle had malfunctioning brake lights, stopped abruptly without reason, or was driving erratically, the driver of that vehicle may share responsibility. Or, if a third party, such as another driver or a pedestrian, contributed to the crash, liability may be divided among multiple parties.
Establishing fault in a rear-end accident requires evidence. Police reports are often one of the most valuable pieces of documentation, as officers assess the scene and provide an official record of the accident. Statements from witnesses who saw the crash can also support a claim by confirming how the accident happened.
Photographs of the accident scene, vehicle damage, and road conditions can help demonstrate the impact of the crash. Skid marks, traffic signals, and weather conditions at the time of the accident may provide additional context. In some cases, dashcam footage or surveillance video from nearby businesses can offer clear evidence of what occurred.
Accident reconstruction specialists may be used to analyze the scene and provide insight into how the crash happened. Their assessments may help determine whether speeding, distracted driving, or mechanical failures contributed to the accident.
Some states follow comparative negligence laws, which allow fault to be distributed among multiple parties. Delaware’s modified comparative negligence rule applies to liability in personal injury cases. If you file a personal injury lawsuit, you may recover compensation if you are found to be no more than 50% at fault. For example, if you are found 40% at fault, your compensation would be reduced by that percentage. If the court decides that you are 51 or more percent responsible, you will not be entitled to monetary compensation.
Individuals impacted by rear-end crashes may be entitled to compensation for medical expenses, lost wages, vehicle repairs, and pain and suffering. The amount that can be recovered depends on the extent of injuries, damage to the vehicle, and whether any long-term effects result from the crash. If an insurance company disputes the claim, legal action may be necessary to pursue damages. A skilled car accident lawyer can explain your legal options, gather evidence, negotiate with insurance companies, and represent you in court if needed.
You may have the option of suing the other driver for a rear-end collision. For example, your lawyer might recommend that if that driver’s insurance does not cover your damages, if liability is disputed, or if their actions were particularly reckless. Be aware, however, that most car accident claims settle out of court.
Rear-end collisions can lead to injuries, financial burdens, and disputes over liability. The experienced New Castle car accident lawyers at Jacobs & Crumplar, P.A. can provide the support you need to pursue compensation. For a free consultation, call 302-656-5445 or contact us online. With offices in New Castle and Millsboro, Delaware, we proudly serve clients in New Castle County, Kent County, and Sussex County.