Who's at Fault in Rear-end Truck Accidents? - Full Overview
Rear-end collisions are, unfortunately, one of the most common types of car accidents that can happen in any state. While there's a common belief that it's always the rear driver's fault, there are other factors that may influence who's the at-fault driver in some cases.
Knowing who was at fault for the rear-end crash is crucial for those who want to seek proper compensation for their damages. Those who aren't able to determine who's at fault for the rear-end collision could have issues when negotiating with their insurance company, which will end up in lower settlements that may not be enough to cover all damages caused.
The following article will cover all factors that can influence who is a fault in a rear-end automobile accident. On the other hand, those who want to seek compensation with the help of a reputable Indianapolis semi truck accident lawyer can talk to one of Schuerger Shunnarah's Trial Attorneys, as they have all the experience necessary to get their clients the compensation they deserve.
Understanding Negligence in a Rear-end Collision
An essential part of establishing fault in a rear-end car accident is understanding what negligence is in the first place.
Overall, negligence refers to any behavior that breaks any standard of care and causes an injury to another person. In other words, a person is negligent if they don't act responsibly and cause an injury to someone else.
The most important part about establishing fault in rear-end accidents is proving that the other driver had a duty of care and broke it, which caused the injuries. This is much simpler in a rear-end accident, as every driver in Indiana has a duty to drive responsibly and not cause any accidents that may injure others.
It's important to note that there are many ways that a driver can breach their duty of care while driving. Some of these 'ways' include the following:
Not yielding the right of way.
Not using turn signals.
Not stopping within a reasonable time.
Not keeping control of the vehicle
Not driving at a reasonable speed, especially when there are harsh weather or road conditions.
Not paying attention to the road.
Proving there was a breached duty of care isn't enough; the victim must also prove the breach of duty was the cause of the accident and that the event caused injuries, which can involve personal injuries and property damage.
Factors That Influence Who's at Fault for Rear-end Collisions
As mentioned before, the person who rear-ended the vehicle ahead is often the one at fault for the accident, but that doesn't mean that all cases are like that. There are a few circumstances where telling who had more fault for the accident will be trickier. Schuerger Shunnarah Trial Attorneys can also consult on who's at fault in head-on truck accidents.
The following section will cover all factors that can influence who's at fault in a rear-end collision:
When the Rear Driver Is at Fault
Usually, there are more circumstances that can contribute to the trailing driver being at fault due to the nature of rear-end collisions.
A rear-end collision could be the trailing driver's fault because of the following:
Texting and driving.
Taking the hands off the wheel to do anything.
Turning around to talk to other passengers.
Not stopping at intersections.
Changing lanes dangerously.
Driving under the influence.
If the rear driver hits the lead vehicle under any of those circumstances, the other driver could be able to recover compensation for any damages caused. Talking to a reputable attorney in Indianapolis will be crucial in the entirety of the process.
When the Lead Driver Is at Fault
Here's a list of cases where the negligent driver could be the one in the lead vehicle:
They were brake-checking.
They had broken brake lights.
They're backing out of a parking space without looking.
They didn't use proper signaling when changing lanes.
While the rear-end collision will still technically be caused by the rear car, if the victim is able to prove the lead driver breached their duty of care, they could recover compensation.
Hiring a lawyer in these cases is even more important, as the lead driver may argue that the victim could have taken further steps to avoid the accident, making them partially responsible for what happened.
There are other circumstances where determining fault could be even harder, such as unsafe road conditions that led to the loss of control of the vehicle. Even then, a reputable lawyer could argue that the at-fault driver could have taken more precautions to avoid the accident.
Is Indiana a Contributory or Comparative Negligence State?
Indiana is a modified comparative fault state, which means that if the victim's contributory fault is greater than the fault of the driver who caused the injuries, they will not be able to recover damages.
How Can Victims Seek Compensation?
Most of the time, a car or truck driver who suffered a personal injury after a rear-end collision can talk to their insurance company (or the other driver's) to seek compensation for medical bills, lost wages, and any other damages.
However, it's not recommended for victims to seek compensation without the help of a legal expert. Many insurance companies will try to lowball the victim, which will translate into less money to cover all the expenses that come with a rear-end accident.
The team at Schuerger Shunnarah, however, works with former insurance company workers, which allows them to use an insurance company's tricks against it, increasing the chances of getting properly compensated.
A rear-end accident can often be devastating, but with the help of an attorney, the victim could have a better chance of getting the compensation they deserve. They can also answer questions like, "How long does an insurance company have to investigate a claim in Indiana?"
Why Contacting a Car Accident Attorney Is a Person's Best Choice
Most rear-end accidents can be tricky to navigate, especially those with particular factors that may make it harder for everyone involved to tell who was at fault. Thankfully, the car accident lawyer team at Schuerger Shunnarah is willing to go to war for their clients.
These legal experts are committed to offering the legal assistance all victims need to get justice. Most of the time, insurance companies won't be on the victim's side, which is why it's essential to have someone on their team to fight back.
Those interested in getting proper legal representation can call the team at Schuerger Shunnarah Trial Attorneys for a free consultation.