Rear-end collisions are among the most common types of accidents. It occurs when a driver strikes another vehicle from behind while traveling on the same lane of travel. Compensation in a rear-end collision depends on how well you prove that the at-fault party is liable for the accident. There are several things to consider to hold the at-fault party responsible for the accident. Read on and learn how our lawyers at The Personal Injury Law Firm will help you prove liability in your rear-end collision for the compensation that you deserve.

How Liability is Determined in a Rear-End Collision

Liability is the legal term for the responsibility in a personal injury lawsuit. To have a successful personal injury claim, you must prove that someone else is at fault to be fully compensated for your damages. Without liability, you can't have a valid claim even if you suffered life-changing injuries. Proving fault in a rear-end accident can help you make a successful claim. Below is a breakdown of deciding liability in a rear-end car accident.

Determining Liability Using Law Enforcement

The first step of determining fault in a rear-end accident comes to the law enforcement officers who respond to the accident scene. That's why you should contact the local police by calling 911 immediately after you're involved in an accident. The law enforcement officer who responds to the calls can be the state highway patrol, sheriff's deputy, or the city police.

The police accident report works as a crucial piece of evidence in your claim. It summarizes all relevant information about the accident and gives the officer a precise determination of the person responsible for the accident. Insurance companies and the jury put a lot of weight on the officer's opinion about the accident. That makes this a crucial step to consider once you're involved in a rear-end accident.

Police officers don't just remain on writing an accident report once they attend a scene of the accident. They also interview the drivers involved, passengers, and other remaining witnesses to collect enough information about the officer. With a few exceptions, a state highway patrol officer can also witness a rear-end accident firsthand. In this situation, they will have the exact knowledge of what happened, making their reports more acceptable in court.

An officer's response can affect a liability claim if he or she issues a ticket to one or either driver who violates traffic laws. If the accident facts allow, the officer will conclude who is at fault for the collision. You should note that the officer cannot decide who's liable if two conflicting versions of the accident exist and no independent evidence or witnesses are present.

Determining Liability Using Insurance Adjusters

Every party involved in a rear-end accident usually reports to their insurance companies after a scene is cleared, and the officer writes the initial report. The insurance company will assign a claims adjuster, whose job is to determine fault and which insurance company should pay the damages.

An insurance adjuster will decide on the liability by reviewing the responding law enforcement officer's accident report, witness statement, and other pieces of evidence that are available. Every information that you give when speaking to the perceived at-fault insurance adjuster is usually recorded. You must be careful when speaking to the adjuster since they can use anything against you and change the conversation to something you didn't plan.

Please speak to a personal injury attorney before you talk to an adjuster to avoid risking losing your case before it starts.

Determining Liability in a Lawsuit

When you file a lawsuit, it means that you have disagreed with the insurance adjuster one the at-fault party, and the worthiness of your claim. If you're too far apart on the settlement amount with the adjuster or disagree on who's at fault in the accident, you don't have any choice but to file a suit.

When you file a lawsuit, you and your attorney can solve the issue of liability in the following two ways:

  1. Through a Discovery Process

In a lawsuit, the initial determination of liability (the adjuster's decision and police accident report) carries a lot of weight at the initial stages. However, other mechanisms exist in determining liability and can potentially change the intended outcome.

First, both parties will engage in a discovery process, which begins with a series of written questions answered under oath by both parties. It also involves an official request for documents and other pieces of evidence that can't be accessible before the lawsuit.

Next, the defendant and plaintiff will be going through the deposition process. At this point, the attorney will ask a series of questions for several hours under oath. These questions might be aimed at factors like your hobbies, background, injuries, and everything that happened in the accident.

Everyone has a clear picture of the rear-end accident at this point. It's also expected that the court should decide the case. However, some disagreement might remain, leaving the case at the mercy of a jury.

  1. Through a Jury Trial

When you set your decision through a jury trial, it means that you've decided to decide out of your hand, the adjusters, attorneys, law enforcement, and any other person involved, and put it in the hands of a jury.

Members of the jury are usually strangers with little knowledge or knowledge about the case. The jury will use authenticated in-court witness testimonials, recorded information, photographs to make their decision.

If you are a claimant, this is a calculated risk, but things might fall onto your side or against you, depending on their decision.

Instances when A Lead Driver is Liable for a Rear-End Collision

Under most circumstances, the rear driver is usually held liable for a rear-end collision. However, particular circumstances make it possible for a lead driver to be fully or partially at the fault of the collision. Some of the factors that can make a lead driver liable for a rear-end collision are as follows:

  • Merging in front of another car without allowing enough space

  • Turning into traffic without considering the distance between the approaching vehicle

  • Driving erratically due to impairment

  • Reversing into a rear vehicle

  • Merging in front of a vehicle but failing to maintain sufficient speed

  • Participating in a "swoop and squat" con where two vehicles team up to cause a rear-end collision. One driver usually stops at the front while the other stops at the rear

  • Lack of tail and brake light

  • Stopping to slow down and make a turn, but fail to make it

  • Failure to use hazards to communicate with other drivers

Please note that the above-stated situations don't always mean that the lead driver is responsible for the accident. These are simply factors that can transfer some of the liability of the accident to the lead driver. Determining fault requires a thorough investigation of the rear-end accident. All suspects, including the negligence of every person involved, should be considered.

Instances when the Rear Driver is Liable for a Rear-End Collision

Many rear-end accidents narrow down to the fault of the rear driver. Several factors can make a rear driver cause an accident. These factors are as follows:

Tailgating

Tailgating is the highest cause of rear-end collision. It involves following too closely to a car in front of you. When a driver fails to keep a safe distance, it might hit the vehicle ahead of them since there is less time and space to react to sudden changes or distractions. An aggressive driver may also not have enough time and space to respond to a premature stoppage.

Speeding

Speeding is also a significant cause of rear-end collisions. Any vehicle requires considerable space to slow down and come to a stop. Therefore, if a car is speeding, it will possibly collide with the lead vehicle.

Distracted Driving

Distracted driving is the third major cause of rear-end collision. Things like texting, talking to the phone, and eating can distract a rear driver from happening on the road. Drowsy driving is also a significant contribution to a rear-end collision. Distracted driving allows a short reaction time whenever something happens with the vehicle in front.

Drunk Driving

An intoxicated driver has less reaction time, and their general driving skills are impaired. As a result, there are high chances of causing a rear-end accident by hitting the vehicle in front.

A Quick Change in Speed

There are possibilities of rear-ending another vehicle when the vehicle in front hits the brakes suddenly. This means that the car at the back must react immediately. If the rear driver doesn't notice that the driver has slammed his or her brakes, there are chances of causing a rear-end accident.

Poor Weather Conditions

Even the most careful driver can be affected by adverse weather conditions. Adverse weather conditions can make the road slippery or affect visibility. This will impact the rear driver's ability to control the vehicle or see clearly.

Mechanical Problem

If a vehicle is improperly maintained, it could easily break down. As a result, a rear driver can end up hitting another one at the back when they experience mechanical issues like brake failure.

Liability in Multiple Vehicle Rear-End Accidents

Liability in a multi-vehicle rear-end collision narrows down to finding the driver who initially acted negligently. It's not an easy task to determine who was at fault in an accident that involves multiple vehicles. The negligent driver's actions usually result in multi-vehicle that mimic this action. The force from a rear-end collision causes the front car to crash into the back of another vehicle.

It's much more difficult to determine fault in a rear-end collision when there's an adverse weather condition. For instance, a multiple-vehicle rear-end collision can result from a slippery road caused by ice. A multiple-vehicle collision can occur in this condition even when the rear vehicle maintains a safe distance from the car in front. However, the vehicle will possibly skid into the back of the car in front when it makes a sudden stop.

So, how do you assign liability in a multi-vehicle rear-end collision?

The driver who fails to practice their duty of care of keeping it safe for the surrounding driver will most likely bear the responsibility of the crash. It might seem pretty obvious about the liability of causing a multi-vehicle collision, but it's typically challenging in the real sense.

Every multi-vehicle collision is different and requires a unique investigation to break down what happened to develop a fair decision for all the drivers involved. In most cases, drivers usually point fingers at the person they think is to blame. On the other hand, onlookers might suggest that a particular driver is responsible for the chain reaction while it might turn out to be wrong after a thorough investigation.

Witnesses who weren't involved in the crash would be crucial in cases like these. They are usually impartial observers but are suitable for providing a detailed account of what they saw since the drivers involved in the collision would refuse to blame.

However, when several witnesses corroborate, this would solidify the case. That's why it's advisable to take the contact information of all bystanders involved in a multi-vehicle collision.

The involvement of law enforcement officers can also be suitable in proving liability in a multi-vehicle rear-end collision. The police will pay attention to the facts of the case in their report, review surveillance cameras, and take pictures as part of their evidence.

Instances when The Lead and Rear Drivers Are Liable for a Rear-end Collision

Both the lead and rear driver can be liable for a rear-end collision. For instance, if an aggressive rear-end driver might end up colliding with the vehicle in front of them if they don't leave a safe distance between their car and the one in front.

Front drivers might also bear some liability for a rear-end collision if they don't use proper precautions when maneuvering the traffic or violate the road rules. For instance, if they suddenly stop and turn without using their turn signal, there are possibilities of causing a rear-end collision, mainly when the rear driver follows too closely. In this scenario, it means that both drivers are liable for the accident.

So, how do California laws help in this situation?

In California, the pure comparative law is used when more than one party is deemed liable for a rear-end collision. Under this rule, liability is divided according to the percentage fault for each driver. Therefore, if one driver is 25% responsible for the crash, that person is only eligible for 75% compensation for all the damages incurred.

The fact-finder, usually the judge or the jury, will have to determine how much fault every party contributes to the accident. For instance, a distracted or drunk driver at the rear would possibly carry more responsibility in a rear-end accident than a lead driver who fails to use signals. The jury might award a 60% fault on the rear driver and a 40% fault on the lead driver in this situation.

This means that the lead driver will be eligible for a 60% compensation of the total damages incurred while the rear driver receives a 40% compensation, according to California's pure comparative rule.

Liability of a Motor Vehicle Manufacturer in a Rear-end Collision

In some cases, motor vehicle defects can cause a rear-end collision. The liability of a motor vehicle manufacturer can arise from various aspects like defective designs, unsafe cars, poor manufacture, and poor warning strategies. Let's have a closer look at these causes:

  • Design defects: A design defect means that the vehicle or some of its parts is unsafe for its intended use

  • Manufacturing defects: A manufacturing defect means that a particular vehicle design is unsafe due to substandard manufacturing

  • Warning or Label Defects: A warning defect has to do nothing wrong with the manufacture or design of a particular vehicle part. However, the manufacturer fails to warn consumers of the inherent danger of using the product as intended

You can use three specific theories to hold a vehicle manufacturer liable for a rear-end accident. These theories are as follows:

  • Strict Liability: Holding a car manufacturer liable through strict liability means that they have the liability for the damages caused by their defective product even if they didn't know of the defect or took any negligent action involving their product

  • Negligence: Holding car manufacture liable through their negligence means that they didn't take any action that is reasonably likely to cause their product to harm others

  • Breach of Warranty: Holding a car manufacturer liable for a rear-end accident through a breach of warranty means that the inherent defect was a result of unsafe or unreliability of the manufacture as promised by their vehicle's or its part's warranty

Find a Car Accident Attorney Near Me

Rear-end accidents are common. Unfortunately, most people don't receive enough compensation as they deserve when they fail to prove liability as required. That's why it's essential to hire an experienced California personal injury attorney to help you fight for the money you rightfully deserve. Contact The Personal Injury Attorney Law Firm today at 619-625-8707 and learn how we can help you.