Home Law Rear-End Accidents: Why Determining Liability Can Be A Challenge?

Rear-End Accidents: Why Determining Liability Can Be A Challenge?

by Louise W. Rice
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Rear-end accidents can happen anywhere, even in safe neighborhood streets. If you’re in a rear-end accident, you may be shocked, confused, and wondering what to do to ensure you can receive compensation for any damages you suffer.

You can speak with rear-end collision attorneys, professionals specializing in this kind of accident. They will help you determine liability, file insurance claims, and any other issues you encounter while dealing with a rear-end accident.

Rear-End Accidents Occur Most Frequently

Rear-end accidents are the most common of all car accidents in the world. In fact, there are nearly two million that take place every year.

These accidents cause considerable injuries, including death. Even if you can walk away from the accident, you may have to deal with medical bills, car damages, and other emotional or physical damages resulting from the accident. Even if you can file a claim with your insurance, they may not be as helpful as you would expect.

Some insurance companies may classify a rear-end accident as a fender bender. Those accidents, typically mild, are often looped in with all rear-end accidents. This means that you may not receive fair compensation for what you have suffered if the company files the claim wrong. You can hire a rear-end accident lawyer to prevent this from happening.

Proving Liability

Proving liability is one of the most challenging parts of solving a rear-end accident. Liability determines who will have to pay for the damages suffered by either or both parties. The police, insurance companies, and sometimes the courts will determine who is liable in the event of an accident.

If you are liable for the accident, you may have to pay for the other person’s damages through your insurance, depending on how severe the damages are. This is why it is crucial to have both vehicle and medical insurance to provide compensation for damages to vehicles and the physical health of the other party.

If the other driver does not have insurance and is liable for the accident, they may have to pay for costs and fines for not having the correct insurance while driving. You should also have insurance to avoid penalties and ensure you can pay for any damage you are liable for.

Driver Responsibility

To begin, you will need to look at your actions in the moments before the accident. Were you obeying all traffic laws? Did you stop abruptly? Were driving erratically?

If you followed the rules and did not drive erratically, you will likely not be liable for the accident. It’s important to stay at the scene of the accidents and report the events leading up to the crash thoroughly so that the courts and insurance companies have the information they need to determine liability.

Responsibilities of Other Drivers

You have responsibility for your side of the accident, but so does the other driver. If they were driving erratically or under the influence, weren’t following the rules of the road, or were not paying attention, they may be liable for the crash.

Even if you did not see what happened during the accident, traffic cams or witness testimonies may help shed light on how the accident occurred. However, if these options are not available, it can be difficult for the police to tell who is actually responsible for the accident. In that case, you may be held liable for certain things, even if the accident was not your fault.

In Summary

The police and insurance companies will determine liability in rear-end accidents through driver and witness testimonies and other evidence. However, if someone has been seriously injured or has no concrete evidence, it may take a while to determine who is genuinely liable in the event of a crash.

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