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Liability in Rear-End Car Crashes

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A rear end collision occurs when one vehicle crashes into another vehicle traveling or stopped ahead of it. These crashes are among the most common types of motor vehicle collisions. While the driver who strikes another vehicle from behind is often presumed to be at fault, liability is not always that simple. The circumstances surrounding the crash must be carefully examined before fault can be determined.

If you were injured in a rear end collision, our vehicle accident attorneys can help investigate what happened and pursue the compensation you may be entitled to receive.

Common Causes of Rear End Crashes

Rear end crashes can happen for many different reasons. Distracted driving is one of the most common. A driver may be looking at a cell phone, texting, talking with passengers, eating, adjusting the radio, dealing with a pet, or attending to children in the vehicle.

Following too closely is another major cause of rear end collisions. A driver who does not leave enough space between vehicles may not have enough time to stop when traffic slows or comes to a sudden stop.

Other factors can include speeding, impaired driving, poor weather conditions, road construction, inadequate visibility, mechanical problems, and unexpected traffic conditions.

“Rear end crashes can look straightforward at first, but determining liability often requires a closer look at what each driver was doing immediately before the collision,” said attorney Caleb Fleschner. “Our job is to investigate the facts, preserve the evidence, and determine who was actually responsible for causing the crash.”

Indiana law generally requires drivers to operate their vehicles in a reasonably careful manner and maintain enough distance to respond safely to changing traffic conditions. Drivers should always leave sufficient space between their vehicle and the vehicle ahead.

How Is Fault Usually Determined?

In many rear end collisions, the driver who strikes the vehicle in front is likely to bear significant responsibility. However, Indiana follows a comparative fault system, which means more than one person can potentially share responsibility for an accident.

For example, a driver who suddenly changes lanes and moves directly in front of another vehicle could contribute to a collision. A driver who stops unexpectedly under circumstances that were not reasonably foreseeable could also potentially have some responsibility.

The specific facts matter. Investigators may consider the speed of each vehicle, traffic conditions, weather, road conditions, visibility, vehicle damage, witness statements, photographs, video footage, and statements made by the drivers involved.

Following Too Closely

Following too closely, sometimes referred to as tailgating, can significantly increase the risk of a rear end collision. A driver should maintain enough distance to allow time to react if the vehicle ahead slows or stops.

The appropriate following distance can depend on factors such as speed, traffic, weather, visibility, and road conditions. Drivers should increase the distance between vehicles when conditions make stopping more difficult.

How We Can Establish Liability

Our personal injury attorneys can investigate the circumstances surrounding a rear end collision and work to identify the evidence needed to establish liability.

That investigation may include reviewing:

  • Police reports and citations
  • Photographs of the vehicles and accident scene
  • Vehicle damage
  • Statements from witnesses
  • Available surveillance or traffic camera footage
  • Cell phone records when appropriate
  • Weather and roadway conditions
  • Medical records and documentation of injuries
  • Insurance information
  • Statements made by the drivers involved

If you were involved in a rear end collision, take photographs of your vehicle, the other vehicle, the roadway, traffic conditions, and anything else that may help document what happened. If there were witnesses, obtain their contact information if possible.

You should also seek medical attention for any injuries. Some injuries may not become apparent immediately after a collision. Prompt medical evaluation can also create important documentation connecting your injuries to the crash.

Our attorneys can communicate with the insurance companies, investigate the circumstances of the collision, preserve important evidence, and help protect you from making statements or decisions that could negatively affect your claim.

What Should You Do After a Rear End Collision?

If you are involved in a rear end collision, consider taking the following steps:

  1. Move to a safe location if possible and check for injuries.
  2. Call 911 when appropriate and request medical assistance if anyone is injured.
  3. Exchange insurance and contact information with the other driver.
  4. Take photographs of the vehicles, roadway, traffic conditions, and visible injuries.
  5. Obtain contact information for witnesses.
  6. Seek medical attention for any injuries.
  7. Keep records of medical treatment and other expenses related to the collision.
  8. Avoid making statements to an insurance company before understanding your rights.
  9. Contact an experienced personal injury attorney if you were injured.

Call Us to Discuss Liability in a Rear End Car Accident

Rear end collisions can result in significant injuries, medical expenses, lost income, and property damage. Although liability may initially appear obvious, determining who is responsible can require a detailed investigation.

At Fleschner, Stark, Tanoos & Newlin, we can investigate your collision, preserve important evidence, communicate with insurance companies, and evaluate the circumstances surrounding your injuries and potential claim.

If you or someone you love was injured in a rear end collision, contact Fleschner, Stark, Tanoos & Newlin to discuss your legal options.

CONTACT US FOR AN INITIAL CONSULTATION

    Reach out to a Terre Haute Personal Injury Attorney Today

    The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.

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