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Although rear-ended car accidents can be serious auto crashes, they’re not always your fault, even if you feel it is so.
It’s important that at the site of the accident that you don’t say anything that admits fault that could ruin your claim. To learn more about who is at-fault in a rear-ended car accident, follow the guide below.
There are two main types of negligence in car accident cases, contributory and comparative. However, the type of negligence that applies to your claim depends on your state and what damages occurred during the crash.
In contributory negligence claims, if the driver that collided with the other driver proves that they were not the main cause for the rear-ending, the hit driver cannot file for damages against the one who rear-ended them. In a comparative negligence claim, the fault can be split between the two drivers, due to the lower liability of the driver that caused the accident.
In most cases of accidents involving a rear-ending, the driver who collided with the back of the other car is typically found to be at fault. When driving, it is your responsibility to pay attention to the road ahead of you and the cars in front. If you hit a car ahead of you, the other driver likely would not have been able to avoid the situation. The responsibility and negligence most often lie with the driver in the back.
However, this is not always the case. Sometimes, the driver who has been rear-ended is found to be partially or completely at fault. If the driver in front was not following the traffic laws, they may be found to be at least partially at fault for the incident.
Now that you know how both negligence and fault can affect a rear-end crash, it’s important that you know how to protect yourself and your claim. If the other driver was at fault or at least partially responsible for the accident, it’s important to collect as much evidence as you can to support your case.
If you were rear-ended in a car accident, be sure to contact a personal injury lawyer from places like Bennet & Sharp PLLC sooner rather than later. An attorney can help you to argue your case and get the financial compensation you deserve after such a terrible event.
Usually when you are rear-ended in a crash, the other driver was at fault. After a crash, be sure to not admit fault, take plenty of photos of the accident, and if the crash resulted in large property damage or injuries, you may want to consider hiring an attorney to protect your interests.