From fender benders, to high-speed head-on collisions or texting and driving, the scenarios for auto accidents are almost endless today. One of the most common types of collisions is when one vehicle rear-ends another.
There is a pretty well-known presumption that rear-end car accidents are always the fault of the driver who rear ended the car in front, but this is not always true. The primary means of identifying the at-fault driver would be to examine who is liable for the accident, and determining whether or not they acted in negligence to cause any injuries or damages.
What is Liability
Liability is when someone is legally responsible to another person because of his or her actions or failure to act. In a personal injury case there may be several parties who have a certain degree of liability or responsibility for the auto accident.
What is Negligence?
Negligence is the term used to describe when someone’s conduct falls below an established standard of care. Basically, you are considered to be negligent if your actions fall short of what a reasonable person would or would not have done under the circumstances that led to the accident.
How Do I Prove The Other Driver Was At-Fault?
To prove that one driver was negligent in connection with a car accident, you must first prove that a duty existed. Second, you must prove the other driver breached their duty. Drivers can breach their duty of reasonable care in a number of ways; such as:
- failing to pay attention to the road and look out for hazards
- failing to stop within a reasonable time
- failing to drive at a reasonable speed
- failing to maintain control of the vehicle
- failing to yield the right of way
- failing to use turn signals, and/or
- failing to follow at a safe distance
Third, you must prove the other driver’s breach of duty was the cause of the accident. And finally, you must establish that you were left with actual damages, such as bodily injury or damage to your vehicle as a result of the accident. By establishing that negligence was the primary cause of the accident, you may be able to recover damages for lost wages, medical expenses, vehicle repairs, among others through a personal injury lawsuit.
What Should I Do If I Am Injured As A Result Of A Collision?
While it may seem like overkill, you should, if at all necessary, go to the hospital and have a doctor look at your situation. Remember, even in a low-speed collision, you can suffer a serious injury including broken bones or whiplash. Otherwise, if you do not do this, you may run into issues later on when your body has recovered from shock and can finally sense the injuries.
Before you do anything, it’s important to collect all the evidence you are able to from the scene of the accident, along with filing a police report. Then, seek immediate medical attention if you believe you have been injured as a result of your car accident. After you have recovered from any immediate injuries, please contact our experienced personal injury attorney at Greenwald Law Firm today for a free consultation concerning your important matters. Remember to NEVER talk to the other person’s insurance company before speaking to a lawyer because they will use all your own words against you later in court if your case takes that route.