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Silverthorne Attorneys is a personal injury law firm in Orange County whose top priority and singular focus is the people we represent. We work diligently to make sure that our clients are well taken care of and that their needs are not only met, but come first. Injured now? Do not hesitate to reach out to Silverthorne Attorneys for a free consultation.

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Rear-end Accident Liability

There are all different ways that car accidents happen. Because they are indeed, accidents. And the scenarios in which a rear-end accident happens are endless. As a car accident attorney we know about the assumption that rear-end accidents are typically believed to be the fault of the driver who rear-ended the car in front. However, in some cases, this is not always accurate. Our injury lawyer is going to go over who is at fault in rear-end collisions.

Causes of Rear-End Collisions

Though it may seem that most rear-end accidents are cut-and-dry, they actually can be quite complex. Any car accident attorney can tell you that rear-end collisions occur when a driver follows too closely to the vehicle in front of them. In nearly 75% of all rear-end accidents, a car was in the process of stopping or had already come to a complete stop. While tailgating can be dangerous, the odds of a rear-end collision increase when someone is following too close to the leading car.

Car Accident Attorney | The Concept of Negligence

As a car accident attorney, our office hears the word negligence on a daily basis. The concept of negligence is this: if your actions fall short of what a reasonable person would or would not have done under the circumstances that led to the accident, you are considered negligent. We know that this is a broad, generalized statement, because what is considered reasonable for one person may not be so for another. However, in car accident cases such as rear-end accidents, you have to prove a driver was negligent. And to do this, you must first prove that a duty existed. You may be thinking that this is not such an easy task. But it is actually quite simple because all drivers owe duty of care to one another while operating their motor vehicle. Drivers breach their care of duty in one or more of the following ways:

  • failing to pay attention to the road and potential hazards ahead;
  • failing to stop within a reasonable amount of time;
  • not driving at a reasonable speed
    • not just based on posted speed limits but also road conditions;
  • failing to maintain control of your vehicle;
  • inadequate use of turn signals;
  • failing to follow at a safe distance.

These are, of course, just a few ways drivers on the road display negligence in accidents.

Injury Lawyer | Establishing Fault

As most are already aware, the driver of the car that rear-ends a leading vehicle will almost always be considered at least partially negligent. We touched on it before, it is the duty of every driver to follow at a safe distance. As a car accident attorney, we want to tell you that this is because some drivers have a tendency to stop suddenly, unexpectedly, etc. And you are expected to have enough distance between you and the car in front of you in order to prevent any unnecessary accidents. However, it is also possible for the leading vehicle to share in the fault of the accident.

Consider the following:

  • the driver suddenly reverses;
  • a leading driver stops suddenly to make a turn and fails to execute the turn;
  • brake lights malfunction;
  • the driver gets a flat tire, however they do not pull over and do not use hazard lights.

Again, these are just a few ways in which a leading driver can be considered at-fault in a rear-end collision.

Suffering from Injuries? Contact an Injury Lawyer Today!

More often than not, rear-end collisions occur at slow(er) speeds. However, that doesn’t change the fact that they can be devastating. If you are suffering from injuries due to an rear-end accident, please do not hesitate to contact us. Consultations with one of our injury lawyers are free!

Do not allow the insurance companies to bully you into accepting a settlement that is nowhere near adequate. Especially if you or a family member are suffering. You have the right to seek medical care and representation in order to recover your damages. And we are here to help you secure a settlement.


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