When insurance companies and attorneys are examining car accidents to decide which party was at fault, usually an investigation is undertaken. The parties will look at police reports, any citations issued, accident photos and witness statements to determine which party was at fault. Usually, the determination of who was at fault is subjective.
However, in a rear end accident, typically the driver who rear ended the car is considered to be at fault. Driving laws require a minimum distance between vehicles, depending on how fast they are travelling. This is to allow enough time for the cars to be able to stop safely. If one car rear ends another, it can be assumed that that driver did not maintain a safe following distance.
There are some instances in which a driver who rear ends another may not be liable. If the driver who was rear ended did not have brake lights or tail lights, the driver who hit him or her may not be held liable. If your car was pushed into the back of another car, you should not be held liable for that collision.
Rear end collisions are one of the most common types of car accidents. More drivers are driving while distracted, which can cause them to fail to see a stopped car in front of their vehicle. In some high traffic areas, rear end collisions can be hard to avoid because of the sheer volume of cars on the road and the close proximity between the vehicles.
Have you been involved in a rear end collision? Contact Dallas automobile attorney Kris Barber at 972-231-5800. He will help you determine what damages you may be entitled to.