There are many different types of car accidents, and some of them can be more devastating than others. However, one of the most common accidents is when one car rear-ends another. Rear-ending is a common accident, and the damages can vary in intensity. When such accidents occur, the fault usually belongs to the driver of the car that rear-ended the other. Both parties involved in the accident tend to resolve the issue with this assumption.
However, there is a possibility that the rear-ended vehicle’s driver was at fault for the accident. If you have found yourself involved in such an accident and the fault seems apparent, but the other party is not ready to accept this, it might be time to contact your Las Vegas car accident lawyer.
The Rebuttal
With rear-end car accidents, the driver may have hit the vehicle in front of them for several reasons, including distraction, speeding, or driving too close to the leading vehicle. These are the obvious causes for any rear-end accident, and the less obvious reasons that can shift the blame for the accident to the front vehicle’s driver may be challenging to prove.
Some of the reasons that the fault for the accident can be on the lead driver include sudden reversing, failure to execute a turn, broken brake lights, failure to turn on hazard lights, and suddenly going extremely slowly on a highway.
If a lawsuit is filed against one of the drivers, any of the above reasons can provide a means of placing fault on the lead driver, and depending on how strong of an attorney the other party has, such a claim can be disputed.
Contributory and Comparative Negligence
When it comes to car accidents and establishing who is at fault, the system that is followed varies from state to state. Often, there may be more than two parties involved in a car accident, and it can be tough to determine fault and who is owed compensation. However, two systems have been established as a means to make car accident claims easier to settle.
The contributory negligence system, although slightly outdated, is still used by some states as the primary means for making final decisions on fault. In this system, if one driver can prove that the other driver was at all responsible for the accident, then that driver will be barred from recovering compensation.
The comparative negligence system is much more up to date and fair with regard to car accident claims. In this system, both drivers could be at fault but still potentially eligible to recover compensation. A driver’s liability can be reduced; however, it cannot be entirely eliminated if the other driver is still proven to be at fault for the majority of the accident. In this way, a fairer system has been established, and it is for this reason that most states make use of the comparative negligence system. There are two types of comparative negligence, which include pure and modified.
Conclusion
While the name suggests that the rear-end car accident was caused by the rear vehicle, there are a lot of cases in which this is not true. Proving that the rear-ended car’s driver is at fault may be difficult. Still, there is a fair system in place in most jurisdictions that would provide a just decision on compensation. In any case, it is vital to understand when you would need to contact your lawyer and how you should handle such an accident.
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