Am I Always at Fault If I Hit Another Car from Behind?
Car accidents happen in various ways, and when they do, the driver at fault must take liability for their negligence. Rear-end collision accidents are among the most common car accidents, and the consequences can be devastating. In most cases, the driver who crashes into the leading car is legally responsible for the damages.
However, that is not always the case, and determining who is at fault can be complex. If you crash into another vehicle from the rear end, the first question is whether you’re at fault. Instead of trying to determine this on your own, consult Christian personal injury lawyers in Tulsa for legal guidance.
Can Vehicle Damage Prove How the Rear-End Accident Happened?
Drivers should be able to stop safely if another vehicle suddenly brakes in front of them. If the driver cannot stop, it could be because they’re not observing safe driving measures. In most cases, unsafe speed is a significant factor in rear-end collisions.
However, the extent of damage on the vehicles can prove how the accident happened and help Christian car accident lawyers in Tulsa prove liability. For example, if your car’s front end and the other vehicle’s rear end are both damaged, it shows that you struck the other car from the rear, probably because you were not paying attention.
If a car behind you rammed into your vehicle and pushed it to the rear-end of a car in front, the driver behind you could be held liable. Consulting Tulsa Christian car accident attorneys to investigate the case and help determine liability.
When Are You Not Negligent?
Several circumstances arise when an insurance company may hold the driver in front responsible for a rear-end collision. Nonetheless, these are highly specific cases that happen if the front driver:
- Runs into mechanical problems and doesn’t pull over to the side of the road
- Fails to engage hazard lights appropriately
- Drives under the influence
- Fails to use the signals when making a turn
- Lacks functional brake lights
- Suddenly reverses the car
In proving that you were not at fault under these circumstances, Tulsa Christian personal injury attorneys can help you show that the driver in front created a situation where an accident was unavoidable.
Secondly, your attorney can help prove the other driver’s negligence and violation of the duty of care towards other road users.
Who is at fault If a Driver in Front Brakes Suddenly?
Besides unsafe speed, rear-end collisions also happen because the front driver brakes suddenly, causing the driver behind to hit the rear end of the front car. While the first reaction would be for the rear driver to blame the front driver, the rear driver may still be held liable for the damages.
One reason for this is that drivers must always leave enough space between their cars and avoid following too closely. This will allow the front driver to brake and stop if necessary. The general rule in Oklahoma is to maintain a minimum following distance of three to four seconds or at least three feet. There should be an additional second for unusual traffic or weather conditions.
Distracted Driving and Sudden Braking
Distracted driving takes away the driver’s attention from the road and surroundings. It could be something as basic as tuning the radio or eating while driving. If the rear driver is driving while distracted, not keeping a safe distance, or speeding, they may be liable for negligence.
The driver in front could also be negligent and held responsible for distracted driving if they intentionally slammed on their brakes to get hit and file a claim for insurance compensation. Their action may amount in insurance fraud. Sometimes, they could be having road rage that makes them slam on the brakes carelessly, leading to a rear-end collision.
Who Is at Fault in Multiple Vehicle Rear-End Accidents?
If you’re caught up in a rear-end accident involving multiple cars, it’s easy to get confused about who should be held liable. In such chain-reaction rear-end collisions, the cars that got into the accident first are often to blame for the damage. Multiple drivers could also be responsible.
In other situations, none of the drivers in the rear-end collision can be held liable for the accident, especially when the accident happens due to the following:
- Vehicle failure
- Dangerous road conditions
- Another reckless driver
- A pedestrian or cyclist
The best way to determine liability is always to have Tulsa car accident attorneys investigate the case and legally evaluate liability.
Can I File a Lawsuit If I was Partly to Blame in a Rear-End Accident?
Before filing a lawsuit for a rear-end collision in which you were partly to blame, you may want to consult a Tulsa car accident attorney to help you evaluate the pros and cons. Remember that you need to prove the other driver’s negligence and show that:
- The other driver failed in their legal duty to uphold the safety of other drivers
- You sustained injuries as a result of the accident
- Your suffered damages that were a direct consequence of the accident
- Your lawyer can help you collect evidence like vehicle repair or replacement costs and medical bills.
What Damages Can I Claim in a Rear-End Collision Lawsuit?
The damages you collect depend on the comparative negligence principle in Oklahoma. Some settlements you can get in a rear-end collision lawsuit include the following:
- Medical bills
- Lost income
- Loss of earning capacity
- Disfigurement and scarring
- Physical and occupational therapy
- Pain and suffering
If the other driver is found to be at fault for reckless driving or criminal conduct, your personal injury lawyer may also help you collect punitive damages.
An Experienced Christian Lawyer Fighting for You with a Godly Sense of Justice
One of the things you want to avoid on the road is following too closely, as it increases the risk of a rear-end collision. However, even when you maintain a safe distance, you may still get involved in a rear-end collision for no fault of your own. Avoid admitting liability and instead contact Christian car accident lawyers in Tulsa to investigate the case.
Our firm has experienced and compassionate attorneys who can handle your case with a godly sense of justice. Leave the task of determining liability to us and let us fight for your rights even if you were partially at fault. Contact us at 918-744-7100 to schedule a FREE initial consultation.