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Who Is Responsible for Rear-End Collisions?

Rear-end accidents are among the most common kind of car accident. According to estimates, there are over 1.7 million rear-end crashes in the US every year. The vast majority of these accidents are non-fatal, but they can still cause moderate to significant injury.

Most people think that in the case of rear-end collisions, the person who hit the other car from behind is automatically responsible. However, this ‘rule’ is just a presumption, and not necessarily generally true. In some circumstances, the driver who rear-ended the other vehicle may not be at fault.

Car Accidents Are About Negligence

A lot of litigation about car accidents, and accidents in general, is about negligence and responsibility. Basically, a person is considered to have been acting negligently if their actions do not meet the standard for what a reasonable person would or would not do in that situation.

For example, if you shot a gun straight up into the air in a crowd, and a bullet falls and hits someone, even if you did not intend to hurt anyone, you can still be responsible because your behavior falls short of what a reasonable person would do.

In order for a driver to be considered negligent, there must first be established some duty of reasonable care. In the case of driving, it is pretty easy to establish such a duty. Drivers owe it to each other to exercise care and caution to others when operating a vehicle.

Drivers can break this duty of reasonable care through certain actions—actions that a reasonable person would not perform while driving; e.g.:

  • Taking their hands off the wheel
  • Ignoring traffic signs and lights
  • Driving too quickly or slowly
  • Failure to follow rules of yielding and right of way
  • Driving and handling a car recklessly

In order for someone to be held responsible for a car accident, you must show that there was a duty, the driver performed some action that breached that duty, and, most importantly, that breach of duty is what caused the accident. There must also be bodily injuries or damages.

So, in the case of rear-end collisions. If you are stopped at a stop sign and a person fails to stop in time and rear-ends you, then they would most likely be held responsible for the accident because they had a reasonable duty to stop in time for the sign.

Alternatively, if you were driving on the highway and slowed down very abruptly and a person rear-ended you, they may be deemed to either be only partially liable or not liable at all because you were also driving in a negligent manner.

If you need to speak with a personal injury lawyer about your car accident call us anytime, the consultation will be free.

At Hurst Limontes LLC, we always offer free consultation on your car accident case. Following consultation, specifics of the case will be discussed with your personal health the #1 concern.

Looking for a personal injury lawyer following a rear end car accident? Contact Hurst Limontes LLC today to get a free consultation.

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of Hurst Limontes LLC and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney