Proving Fault in a Rear-End Accident

Rear-end accidents are common, and misconceptions about these accidents are also common. Many people mistakenly believe that when a car hits another car from behind, it amounts to nothing more than a “fender-bender,” but the fact is that the impact of rear-end accidents can be highly dangerous and cause serious injuries. Further, while most people believe that the rear driver is always the at-fault driver, this isn’t necessarily the case in every situation. Getting to the bottom of a rear-end accident can sometimes be complicated, but that’s why we are here as your experienced Forsyth County rear-end accident lawyers at Banks, Stubbs & McFarland.

When Is the Forward Motorist at Fault?

While the rear motorist is generally at fault when a rear-end accident occurs, there are several exceptions to this rule, including:

  • A driver who suddenly cuts in front of another car, allowing no time for the other motorist to safely respond
  • A driver who merges into traffic directly in front of another car but fails to maintain sufficient speed
  • A driver who suddenly slams on his or her brakes with no safety-related reason for doing so
  • A driver who engages in erratic driving that culminates in a rear-end accident
  • A driver who suddenly reverses another car (after pulling too far into an intersection for a left turn, for example)
  • A driver whose brake lights aren’t working correctly (or aren’t working at all)
  • A driver who fails to pull over to the side of the road when he or she has a flat tire

Proving Liability

Rear-end accidents are typically caused by driver negligence, which is why they’re usually preventable wrecks. If liability in your rear-end claim is in dispute, there are several important ways we can prove your claim, including:

  • The Rules of the Road – There is an overarching rule of the road that requires motorists to keep a safe distance from forward vehicles. If the forward car has to slow down or stop suddenly for any reason related to safety, the rear car is responsible for slowing down or stopping in kind.
  • Car Speed – Establishing the speed that vehicles were traveling at the time of an accident can help establish fault. For example, if you were hit by a rear car that was speeding, it can help solidify your claim.
  • Witness Statements – Witnesses at the accident scene are neutral third parties – often with a bird’s eye view – who are usually very willing to provide statements about exactly what they saw. Such statements can help clear up questions about liability in a hurry.
  • Accident Reconstruction Experts – When liability becomes a serious sticking point, accident reconstruction experts combine their skill and experience with all the available evidence and use these combined resources to reenact the crash (either virtually or otherwise) – greatly helping to resolve the dispute. Our firm has relationships with top notch accident reconstruction experts who can help you win your case.

It Is Time to Consult with an Experienced Forsyth County Car Accident Attorney

If you’ve been injured in a rear-end accident and the other motorist disputes his or her liability, the legal team at Banks, Stubbs & McFarland LLP are here to help. Our dedicated Cumming personal injury attorneys are committed to helping you get the medical care you need, as well as building your strongest case in support of the compensation you need to get back to feeling like yourself again. We’re on your side, so please don’t hesitate to contact us online or call us at (770) 887-1209 for more information today.