Determining Liability for a Rear-End Accident

If you recently were involved in a rear-end accident, you may be curious to know who is liable for this type of accident. Due to the overwhelming number of cars that drive and pass through the state of New York each day, rear-end accidents are very common. However, determining liability for a rear-end car accident can be challenging regardless of how common they are.

What is a Rear-End Accident?

A rear-end accident is a type of car accident where one vehicle slams into the back portion of another vehicle. These accidents usually happen when the vehicle in front hits its brakes suddenly, causing the driver behind them to collide into the rear area of their car. There are several different potential causes for rear-end accidents, such as:

• Distracted driving
• Tailgating
• Failure to use a turn signal
• Broken or missing tail light
• Driving while tired
• Drunk or intoxicated driving
• Speeding
• Aggressive driving

Is the Driver Who Does the Rear-Ending Always at Fault?

Many people assume that the driver who does the rear-ending is automatically at fault. However, this is not always the case. If the driver who rear-ended the vehicle in front of them can provide a reasonable explanation, they may not be found at fault. The jury will then decide who is at fault or if both vehicles share fault. A few reasonable explanations that may prove that the driver who rear-ended the other driver is not at fault include the following:

• Suddenly, the driver changed lanes or merged in front of them, leaving them no space to slow down or stop in time.
• The driver was driving carelessly or recklessly, causing them to collide with their vehicle.
• The driver put their vehicle in reverse unexpectedly, which resulted in them slamming into their vehicle.

Suppose you were recently involved in a rear-end accident. In that case, it is highly recommended that you speak with a car accident lawyer before deciding you are liable for the accident. There are several factors and details that your attorney will look over to determine if you are liable or share liability in the accident. Every individual’s case is unique and different. Therefore, you should never admit or think you are at fault until you discuss your case with an experienced, skilled, knowledgeable attorney.

So, Who is Liable for Rear-End Accidents?

Your car accident attorney will investigate your rear-end accident and determine what happened during your accident, why your accident occurred, and who is liable for the accident. If you did not provide adequate spacing between your vehicle and the vehicle in front of you or if you were speeding, there is a high likelihood that you will be found liable for the rear-end accident. As the vehicle that did the rear-ending, you are presumed to be at fault in New York unless you can give a non-negligent reason for rear-ending the vehicle in front of you.

Call a Car Accident Attorney Today

The car accident lawyers at Gold & Gold, P.A. are dedicated to standing up and protecting the rights of their clients. Therefore, if you recently experienced a rear-end accident and would like to know what legal options may be available, please contact our firm to schedule your free consultation today. We have more than four decades of experience and will work endlessly to secure your desired results.