Most people think that the liable party in a rear-end collision is the driver who hits them from behind. However, this is not the case in some instances. If you or your loved one has sustained injuries in a rear-end accident, consult with a lawyer. A lawyer will examine all the variables involved in rear-end accidents to help you prove that the other party is liable.
All drivers have a duty of care to other road users. When a vehicle rear-ends another that was in front of it, the driver in the vehicle that was behind bears liability. This is because the driver should have maintained a safe distance from the car in front.
A good lawyer will help you navigate the case and ensure that you get compensated for bodily injuries and property damages. Rear-end collisions are quite common, and according to the National Highway Traffic Safety Administration (NHTSA), these collisions amount to 29% of all road accidents.
The liable party’s insurance company may try to show that you were the liable party. This means that you will need to file your claim in court. If this happens, consult with an Abbeville rear-end collisions lawyer from Laborde Earles Injury Lawyers by calling (337) 777-7777. We will use our resources to help you get the compensation you deserve for your injuries.
Instances Where the Lead Driver is Partly at Fault in a Rear-End Collision
The driver of the vehicle that crashes into the back of the front vehicle is usually presumed to be liable for the accident. However, there are some cases where the driver in the lead vehicle is partly at fault for the accident.
These include:
- When the lead driver cuts in front of another vehicle abruptly and without signaling
- Where the lead driver signals an intention but does not execute it
- When the lead driver reverses or drifts the vehicle into the car behind
- When the driver has left the vehicle in a lane but has failed to turn on the car’s hazard lights
- When the driver cuts into a different lane with too little space
When a driver in the lead vehicle fails to adhere to their duty of care, they are negligent and partly liable for the accident. However, a driver who is partly at fault can still receive compensation in Louisiana.
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Causes of Rear-End Collisions
According to Louisiana Civil Code (CC) Art. 32:81, a driver of a vehicle shall not follow a vehicle too closely. This stipulation makes it the responsibility of the driver in the vehicle behind to maintain a safe distance by taking into account the speed of the vehicle, condition of the highway, and level of traffic.
The common causes of rear-end collisions are:
- Drunk driving
- Vehicle defects
- Poor weather conditions
- Speeding
- Distracted driving
Driving under the influence impairs the driver’s ability to judge the distance between the vehicle in front of them and other road users. This increases the risk that they will drive too closely to other vehicles that are in front. Driving under the influence of drugs or alcohol will also impair the driver’s ability to make split-second decisions that could prevent harm to other road users.
Defective vehicle parts such as failing brakes could cause a rear-end collision. When the rear-end collision is due to a defective vehicle part, you can pursue compensation from the manufacturer. In such a scenario, the driver will have to show that they were using the vehicle as intended. Proving that the car had a defective part that contributed to the accident can be quite challenging.
Poor weather conditions such as heavy rains, snow, or fog can impair the driver’s ability to maintain a safe distance behind other vehicles. Speeding is also another common cause of rear-end collisions because it makes it harder for the driver to stop the vehicle. A rear-end collision caused by speeding makes the driver the liable party.
Distracted driving is a major cause of rear-end collisions. Receiving a phone call or texting while driving impairs the driver’s ability to concentrate on the road. This makes it hard for the driver to notice when traffic has slowed down or a new vehicle has entered its lane. The driver who rear-ends other road users should compensate them for their injuries.
Often, getting compensated may take a long time, and the insurance company will often downplay the cost of your injuries. Having an Abbeville rear-end collisions lawyer by your side can help expedite the settlement process. Contact Laborde Earles Injury Lawyers at (337) 777-7777 today and get your case reviewed for free.
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Louisiana’s Sudden Emergency Doctrine
Louisiana has a sudden emergency doctrine. This doctrine is sometimes used by the liable party in a rear-end collision to avoid compensating the injured party.
The sudden emergency doctrine frees the driver who rear-ends your vehicle of any liability in the following scenarios.
- The forward vehicle creates an unanticipated hazard
- The driver could not reasonably avoid hitting the vehicle
The driver who rear-ends you must prove the two above conditions to be completely free of any liability. This means that even if you make a sudden stop, the driver should take reasonable steps to ensure they do not hit your vehicle. The facts and circumstances of every accident are different. For instance, if the forward vehicle suddenly stops, yet the traffic is so busy such that the driver in the vehicle behind cannot avoid a collision, they will have no fault in the accident. Consult an Abbeville rear-end collisions lawyer to help you receive compensation even if your accident falls under the sudden emergency doctrine.
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We Want to Help
There are many aspects of a rear-end collision which may prevent you or your loved one from receiving the compensation they rightfully deserve. This is why it is important to get in touch with an Abbeville rear-end collisions lawyer from Laborde Earles Injury Lawyers immediately after the accident. Reach out at (337) 777-7777 and receive a free case review.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
