Can you sue for a rear-end collision

Yes, if you suffered injuries and other damages after a rear-end accident you can file a lawsuit against the other party’s insurance company or the other driver. Typically, the driver in the rear that struck the driver in the front is held liable for this type of collision, however, there are certain situations in which the driver in the front can be held liable or may share liability after a rear-end accident.

Pursuing Compensation After a Rear End Accident

After a rear-end accident, if the other driver was at-fault and you suffered damages, you can pursue compensation for the accident by filing a claim through the other driver’s insurance company.

Hiring a Car Accident Attorney

Before you speak with the other driver’s insurance carrier, you should speak with a car accident lawyer. An attorney will know how to investigate this type of accident, can gather evidence, and will build a strong case that proves the other driver was negligent. They will also handle settlement negotiations with the insurance company, to ensure you recover maximum compensation for your damages.

When Should I File a Lawsuit After a Rear-End Accident?

You should file a lawsuit after a rear-end accident if:

• The other driver did not have insurance
• The insurance company is refusing to offer a fair settlement
• The damages you incurred exceed the other driver’s insurance policy limits

If you have hired a car accident lawyer, they can help you determine if or when filing a lawsuit will be the best course of action.

Who is At-Fault for a Rear-End Accident?

In most cases, the driver in the rear is held liable for this type of accident. This is because the rear driver should have kept a reasonable following distance, allowing them to brake in time if the driver in front stops.

However, there are certain situations in which the driver in the front can be held liable for a rear-end accident, such as:

• If the driver’s brake lights were faulty and did not come on
• The driver in the front braked suddenly, for no reason
• If it was a chain reaction accident, multiple parties may be held liable

What Are Common Causes of Rear-End Crashes?

Common causes of rear-end accidents include:

Tailgating

Following the car in front too closely is the leading cause of rear-end accidents. If a driver fails to leave enough space between their vehicle and the car in front, they won’t have enough time to react if the driver in the front brakes suddenly or slows down.

Distracted Driving

Distractions, such as texting, talking to a passenger in the vehicle, applying makeup, talking on the phone, or adjusting the radio, can take a driver’s attention from the road.

Speeding

Driving at high speeds can reduce a driver’s ability to stop in time. Speeding increases the severity of a rear-end accident and increases the chances of serious injuries.

Sudden Stops

A vehicle that makes a sudden stop without warning can catch the driver in the rear off guard. This occurs in situations like sudden traffic slowdowns, unexpected lane changes, or emergency stops.

Weather Conditions

Poor weather conditions, such as rain, snow, or ice, can affect road traction and visibility. In these types of conditions, drivers may have difficulty stopping in time.

Faulty Brake Lights

Malfunctioning brake lights on the vehicle in the front can contribute to a rear-end collision. If the driver in the rear doesn’t see the brake lights, they may not be aware that the other vehicle is slowing down.

Reckless Driving

Reckless driving, such as tailgating, speeding, or weaving in and out of traffic, can increase the likelihood of a collision.

Fatigue

Drowsy drivers will have a delayed reaction time and reduced attention, which makes them more prone to rear-end collisions.

Inexperienced Drivers

Drivers with little experience may struggle with judging distances and reacting quickly to changes in traffic conditions, which can increase the risk of a rear-end accident.

Driving Under the Influence

Drivers under the influence of drugs or alcohol will have reduced cognitive abilities, impaired judgment, and slower reaction times, making them more likely to cause an accident.

Traffic Congestion

Heavy traffic can result in stop-and-go conditions, creating situations where a driver may fail to stop in time to avoid collisions.

Contact Us Today

If you have been involved in a car accident, Lem Garcia Law can help you obtain the compensation you deserve. Our legal team can help you navigate the legal system and negotiate with insurance companies to ensure that you receive fair compensation for your medical bills, lost wages, vehicle damage, and other losses.

We offer free, no-obligation consultations to car accident victims, where you can discuss your case and learn about your legal rights and options. If you decide to hire Lem Garcia Law, our firm will handle all aspects of your case to allow you to focus on healing and moving on with your life. Contact us today to schedule your free consultation.