If you’ve been involved in a rear-end car accident, you’re probably wondering who is to blame and who will cover your vehicle repair costs. In most cases, the driver who was tailgating will be held liable for vehicle damage, injuries, and other damages. However, the driver in front may be held responsible for the accident if they stopped short.
Determining fault and obtaining compensation after a crash can be extremely difficult and confusing. Fortunately, the attorneys at Vaughan & Vaughan are here to determine who is at fault for your rear-end car accident and pursue the financial remedies you deserve.
Parties Who May Be at Fault for Your Rear-End Car Accident
When it comes to rear-end collisions, there are several parties that may be at fault. An Indiana rear-end collision lawyer can investigate your accident to determine who caused it. Then, they’ll pursue compensation for the at-fault party’s insurance provider.
Depending on the specific details of your collision, one or more of the following parties may be to blame:
A Driver Who Was Tailgating You
Drivers must maintain a safe distance behind the vehicle in front of them to prevent a fender-bender. When a driver becomes impatient and decides to tailgate the motorist in front of them to express their frustration and signal to the driver that they want them to speed up, an accident can occur.
If you were rear-ended by a driver who was tailgating, they might be held liable for your vehicle damage, injuries, and other losses. However, the vehicle behind the driver who got rear-ended isn’t always at-fault.
The Driver in Front of You
If you accidentally rear-ended a motorist who was driving in front of you, it doesn’t necessarily mean that you’re at fault. In fact, the driver who was in front of you may be held responsible for the collision if they slammed on their brakes all of a sudden, causing you to collide with the rear of their vehicle.
Another Driver
Sometimes neither the driver in the back nor the front is at fault for a rear-end collision. In some cases, another driver may be held liable for injury and losses.
For example, if another motorist cuts off a driver, that driver may be forced to slam on their brakes, causing them to get hit by a third driver behind them. In this case, the driver who cut off the other motorist will be at-fault.
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Can I Still Collect Compensation If I Was at Fault for a Rear-End Car Accident?
If a court finds you to be partially at fault for a rear-end auto collision, you may still be able to collect compensation for your vehicle repair expenses and other losses. That’s because Indiana follows a modified comparative fault law.
According to IN Code § 34-51-2-6, you may recover some compensation for your losses as long as your percentage of fault doesn’t exceed 51%. It’s important to note that the amount of money you can recover from a case will be reduced in proportion to your percentage of fault.
For example, if you were 50% percent at fault for the rear-end car crash and your losses equal $40,000, then you’ll only be able to recover $20,000. A car accident attorney can explain Indiana’s fault laws further and ensure that your percentage of fault is set at a level that reflects your contribution to the collision.
How a Car Accident Attorney Can Prove Fault After a Rear-End Collision
When you work with an attorney to recover compensation after a rear-end collision, they’ll take several different steps to prove that the other driver was at fault. Here’s what a lawyer will do to hold the other motorist responsible for your injuries and losses:
- Investigate the accident
- Collect and analyze evidence
- Establish that the other driver owed you a duty of care
- Use evidence to prove that the driver breached the duty of care
- Prove the driver caused or contributed to the collision
- Prove that the collision caused you to suffer injuries and financial losses
Once your lawyer has completed the steps listed above, you’ll likely receive a fair payment for your accident-related expenses, losses, and suffering. While there are many actions your attorney can take to determine fault, there are also a few things you can do to ensure the other driver is held responsible for the damage they’ve caused.
What You Can Do to Help Your Attorney Prove Fault
You can take several actions immediately after a rear-end car accident that will help your attorney prove fault and recover compensation on your behalf. Make sure to take the following actions right after a collision:
- Report the accident to local law enforcement so they can file an accident report
- Take down the other driver(s) insurance and contact information
- Take photos of the collision scene, your injuries, and vehicle damage
- Speak to eyewitnesses and pass their contact information on to your lawyer
While it’s important to document an accident right after it happens, it’s critical that you prioritize your health and safety. If you’ve suffered injuries that require immediate medical attention, skip the steps listed above and get the emergency treatment you need to protect your well-being.
Schedule a Free Consultation With a Rear-End Auto Collision Attorney
Now that you know more about who might be at fault after a rear-end car accident, it’s time to get started on your personal injury claim. To take the first step toward your compensation, contact a car accident lawyer from Vaughan & Vaughan today.
They’ll meet with you for a no-cost, no-obligation consultation. During your consultation, they’ll ask you about your collision and answer any questions you have about fault or the claims process in general. If they agree to help with your case, they’ll work tirelessly to obtain the financial remedies you deserve. We look forward to hearing from you soon!
