Common Injuries and Determining Rear End Collision Fault after an Accident
Experienced Nashville Truck Accident Lawyer Can Answer Your Questions in Free Review
Determining rear end collision fault may seem simple. Most people assume the driver who hit the back of the lead car, or car in front, is always to blame. However, that is not always the case. The driver of the lead car can be found liable for the damages as well, or both drivers may be held accountable for a portion of the crash. After an accident, you need an experienced auto accident lawyer to investigate and help determine who is at fault for the crash.
Nashville personal injury attorney Stanley A. Davis has faith in justice. He devotes his practice to helping his Tennessee neighbors seek compensation for car accident injuries. In one recent rear end collision case, Stanley Davis was able to secure a $1 million settlement for a client rear ended by a drunk driver in Rutherford County. If you or a loved one has been involved in a rear end collision accident, attorney Stanley Davis can help.
Is the Lead Driver Ever at Fault for Rear End Collisions?
Rear end collisions are among the most common types of car crashes in the U.S., causing thousands of serious personal injuries each year. Even soft tissue injuries and whiplash from being rear-ended can cause lasting pain. Read end accidents can happen anywhere: at stop signs, traffic lights, in parking lots, on highways and country roads. Many assume the driver who is rear ended is automatically the victim and the other driver is automatically to blame. However, determining rear end collision fault is rarely so simple.
Under Tennessee accident law, a lead driver may be to blame or partially to blame for rear end collisions when:
- The driver’s brake lights are not working. If the crash could have been prevented by working taillights, then the lead driver may be at least partially at fault for the crash.
- The driver swerves in front of another car. Often, the following car will be able to slow down enough to reestablish safe traveling distance after swerving. However, sometimes a crash in inevitable. If a rear end collision results from one driver cutting off another, the lead driver may be found responsible for a percentage of the crash.
- The driver reverses into the following car. This kind of accident is most common in parking lots or at stops after a lead car reverses. In this case, the lead driver may be found to be 100 percent at fault, especially if the following car was not moving at all.
When Is the Rear Ending Driver at Fault for the Crash?
The driver of the lead car can be held responsible for causing or contributing to the crash. Still, the second driver is often at least partially to blame as well. The driver who rear ended the lead car may be at fault or partially at fault when:
- The driver is speeding. Traveling faster than the speed limit decreases the chances that a driver speeding will be able to stop in time to prevent a crash if another car suddenly brakes.
- The driver fails to brake because he or she is distracted. A driver is expected to be mindful of any potential hazards on the road. However, if a driver is distracted by a cellphone, the radio or a passenger, he or she may not notice the lead car slowing down or stopping until it is too late to prevent an rear end accident.
- The driver does not yield right of way. Drivers must slow or stop to allow another vehicle the right of way at a turn or merge point. If a driver fails to yield, he or she may be responsible if a rear end collision results.
- The driver does not maintain a safe following distance. Drivers should keep enough distance between the front of their car and the vehicle ahead to allow them time to stop in an emergency situation. If the second driver follows too closely, a collision will probably be found to be mostly his or her fault.
Who Is at Fault in a Multiple Car Collision?
Rear end collisions typically involve just two cars. However, if they happen in a busy area, during a traffic jam or at a stop sign or light, it is possible for many cars to be involved. If one car rear-ends another car, it is possible for the lead car to then hit the vehicle in front of it as well, causing two rear end collisions. The driver at fault for the original crash is usually accountable for the rear end collision damage to all vehicles. This means that the at-fault driver’s insurance provider should pay for your injuries and damages.
Rear end crashes and multiple car collisions can be confusing. Tennessee follows a modified comparative fault rule to determine responsibility for a crash and the damages that result. In modified comparative fault, a judge or jury will determine what percentage of the crash each driver is responsible for. Then, you are only able to seek damages for the percent of the crash which was not your fault. However, in Tennessee, if you are at fault for 50 percent or more of the wreck, then you cannot seek compensation at all.
Need Help Determining Rear End Collision Fault? Contact a Nashville Car Accident Lawyer Now
Any type of car accident can be a frightening experience. Afterward, you may want to do nothing more than focus on healing from any accident injuries you sustained. However, valuable evidence disappears quickly after an accident. Attorney Stanley Davis can start an investigation while you or your loved one is recuperating. He knows what to look for to help you prove your case because he has investigated hundreds of crashes in the Northeast Tennessee area.
With offices in Brentwood and Nashville, Tennessee Stanley and his supporting staff are uniquely positioned to serve clients in Nashville and other nearby cities such as Franklin, Gallatin and Madison.
Contact him online or call him at his office to schedule a free, no obligation consultation today.