When your car is struck from behind, you might assume it is a guarantee that the other driver will be found at fault. That is often the case in a rear-end accident. However, you will need to prove that the other driver was negligent to recover compensation in an injury claim.
An experienced injury attorney could guide you on how these accidents occur and assist you with seeking compensation from the negligent driver. There could be many factors working in your favor as the front car in a rear-end collision, but only if you know how to use them in a claim. An Augusta rear-end car accident lawyer could review every aspect of your wreck with you and provide a reasonable estimate of the compensation you could be entitled to.
A rear-end crash can result from many circumstances. However, the common factors that go into these accidents are typically in the control of the rear driver. Every motorist is required to remain aware of changing road conditions in front of their vehicle at all times. Given that duty, it is up to the back driver to take steps to avoid striking a car in front of them.
One of the most common factors in these accidents is distraction. The use of phones and other mobile devices is prevalent for drivers in Augusta, and these distractions can have devastating consequences. When a driver takes their eyes off the road, even for a moment, they could fail to notice the vehicle in front of them slow down or stop. This could lead to a severe collision.
Drivers that are paying close attention are not immune to rear-end accidents, though. In many cases, motorists that follow the car in front of them too closely can cause a collision. It is important to leave enough space to stop on short notice safely should traffic conditions change. The failure to do so could be considered negligence.
In some cases, the rear driver could claim that they are not responsible for a crash. This could occur when the front driver backs up and strikes the vehicle in front of them, or when they cut the rear driver off and then decelerate rapidly. It falls on an Augusta attorney to show the jury that the back car was at fault in the tailgating accident.
While uncommon, it is possible that a jury could determine the front driver in a rear-end crash is partially responsible for causing an accident. The way each state approaches the issue of a plaintiff that is partially at fault for their injuries differs. The standard that applies in Augusta is known as modified comparative negligence.
Under this standard, a plaintiff is barred from any recovery if they are 50 percent or more at fault for the crash. If a jury finds the plaintiff less than 50 percent responsible, they are required to reduce the damages awarded proportionally based on the plaintiff’s percentage of fault.
Even when you know you are not at fault in an accident, the stress and worry that follows can be significant. Dealing with these challenges is never easy, but the right legal counsel could simplify your pursuit of compensation.
If you have suffered injuries in a rear-end crash, your choice of attorney will have a tremendous impact on your case. Call an Augusta rear-end car accident lawyer as soon as possible to get started on your claim.