The rear driver is generally at fault in a rear-end collision. While the police and insurance companies will likely investigate what caused the accident, the rear driver is generally liable. This is because they are expected to maintain a sufficient distance between their vehicle and the vehicle in front of them to avoid a rear-end collision.
When they don’t, a rear-end collision may happen.
You will still need evidence to prove the driver who hit you from behind caused the crash. However, the accident report and other evidence will likely support this, making it easier to prove your claim. A car accident lawyer in Lafayette can guide you through the financial recovery process.
What Causes Rear-End Crashes?
Unfortunately, these types of accidents happen frequently throughout the United States. The Insurance Information Institute reports 2,428 fatal rear-end accidents for 2020. These statistics highlight the devastating consequences associated with collisions from behind.
The causes of rear-end crashes generally include carelessness or recklessness on behalf of the rear driver. However, other factors can contribute as well, such as mechanical failures.
Leading causes for rear-end collisions include:
- Driving faster than posted speed limits: When drivers exceed the speed limit, their ability to react and stop in time is greatly compromised. The shorter following distance makes it difficult to respond to sudden changes in traffic or unexpected braking from the vehicle in front.
- Driving too fast for road or weather conditions: When drivers fail to adjust their speed according to the road conditions, they compromise vehicle control. The reduced traction and increased stopping distances in adverse weather conditions make it challenging to slow down or stop in time to avoid a collision.
- Following too closely: When motorists fail to maintain a safe distance from the vehicle in front, they reduce their reaction time and limit their ability to stop or maneuver safely. If the vehicle ahead suddenly brakes or encounters an obstacle, the following driver may not have enough time to react and avoid a collision.
- Distracted driving: When drivers engage in activities that divert their attention from driving, such as using mobile phones, eating, or adjusting controls, their focus and reaction time are compromised.
- Driving under the influence of alcohol or drugs: These substances can impair a driver’s ability to accurately perceive the speed and distance of other vehicles, making it difficult to maintain a safe following distance.
- Driving while fatigued: When drivers are tired, their reaction times become slower, and their ability to focus and make quick decisions diminishes.
- Faulty brakes or mechanical failure: When a vehicle’s brakes malfunction or fail to operate properly, the driver loses the ability to slow down or stop effectively. This can lead to a situation where the driver cannot react in time to avoid colliding with the vehicle ahead.
It is generally up to the rear driver to obey all traffic laws that prevent these collisions. Following too closely, not paying attention to slowing traffic, or failing to stop in time because they were driving too fast on wet roads is no excuse.
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Proving Fault and Liability in a Rear-End Collision
To obtain compensation, you must show what caused the crash, how the rear driver acted negligently, and the damages you suffered. This process will require you (or your lawyer) to investigate the accident and gather the necessary evidence to support your claim.
Common forms of evidence in car accident cases include:
- The accident report the police filed, plus documentation of any citations issued
- Eyewitness interviews
- Video and photographs of the accident scene
- A survey of the area where the crash occurred
- Accident reconstruction
- Expert statements
Our team knows how to identify and analyze additional evidence in your case and prove your damages. This is vital for recovering a fair settlement based on your case.
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When Is a Rear-End Accident the Lead Driver’s Fault?
While most rear-end accidents are caused by the rear driver following too closely or being distracted, there are times when the lead driver is at fault.
All drivers are expected to exercise reasonable care on the road, so being in front does not absolve lead drivers from the responsibility of preventing a car accident. A lead driver could be liable for any damages if they acted in a way that led to the rear-end collision.
Negligent or reckless actions of a lead driver could include:
- Suddenly pulling out in front of another vehicle without enough space to do so
- Stopping suddenly
- Reversing into another vehicle
- Road rage
- Intentionally trying to get hit
- Intoxicated driving
- Driving with broken brake lights
Even under the above circumstances, where the lead driver’s actions appear to cause a rear-end accident, the rear driver may still bear some blame. That is because drivers in the rear are responsible for paying attention and leaving enough distance between themselves and the front driver to stop safely.
Therefore, even if the lead driver brakes suddenly, the rear driver may be partially at fault if they weren’t following at a safe distance, contributing to the collision.
Even If You Were the Rear Driver, the Crash Might Not Be Your Fault
Most drivers assume that if a motorist hits them from behind, they will be liable for any damages incurred. Although this is often the case, each auto accident is unique, and there are some exceptions to the presumption of guilt when determining fault in rear-end collisions.
In Anderson v. May, the Louisiana Court of Appeals stipulated that the motorist in the rear bears the burden of proving that they were not negligent. Thus, although it is presumed that the rear driver is liable for causing a collision, the court provides said motorist the opportunity to prove otherwise.
The driver who was in the back might overcome the presumption of guilt by demonstrating that they:
- Had full control of the vehicle before the collision.
- Were fully aware of their surroundings.
- Had left a safe amount of distance between their car and the vehicle ahead of them.
- They could not have reasonably avoided the collision because of a hazard that the vehicle ahead of them created.
What Is the Sudden-Emergency Doctrine?
All drivers have a duty to avoid behaving in ways that put other drivers, passengers, or pedestrians at risk. A driver could breach that duty of care in several ways, such as speeding or driving under the influence of drugs or alcohol.
Following too closely would also constitute a breach of this duty of care. Therefore, a driver would likely be liable for a rear-end collision if they were tailgating. In certain circumstances, though, motorists may be unable to avoid a rear-end collision.
When determining liability in such a scenario, the sudden-emergency doctrine would come into play. This doctrine stipulates that motorists are not liable for resulting collisions if they come across an unanticipated hazard that they could not reasonably avoid.
For example, a collision may be inevitable if you are traveling a safe distance behind a vehicle and it suddenly stops short. Still, there is no shoulder for you to escape onto. In this scenario, you can use the sudden-emergency doctrine to prove that you were not negligent.
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Both Drivers Could Be At Fault in a Rear-End Collision
In some circumstances, you and the other driver in a rear-end collision may share the fault. How shared fault will influence your case depends on the negligence doctrine of your state. Consult a car accident attorney to learn how to proceed.
If both the trailing driver and the lead driver are partially to blame for the car crash, both can be found negligent and liable for damages in the accident. Louisiana’s shared fault law is provided in CC Art §2323. The state follows the pure comparative negligence rule.
Under this law, if a person is partially responsible for a personal injury accident in which they suffered losses, the compensation they receive will be reduced in proportion to their percentage of the fault.
For example, in a rear-end accident, if the lead driver stopped suddenly, but the trailing driver did not leave a safe distance, both parties could be equally negligent. In this case, each party may only be able to recover 50% of their damages because each was 50% responsible.
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Don’t Trust the Insurance Companies
While insurance companies are meant to provide coverage and support in times of need, their primary goal is to protect their financial interests. It is not uncommon for insurance agents to downplay the extent of damages, undervalues claims, or attempt to shift blame onto you. They may also employ tactics to delay or deny compensation, leaving you vulnerable.
An experienced attorney from our legal team will help navigate the complex insurance process and ensure fair treatment. If we cannot settle with the parties responsible, we will fight to prove liability in court.
You Can Sue for Injuries and Wrongful Death After a Rear-End Collision
The injuries suffered in rear-end collisions can vary from relatively mild to catastrophic. While people often consider rear-end crashes minor, this is not always true. Some victims suffer severe injuries that leave them with chronic pain or disability.
In the most serious cases, a rear-end collision victim could die from their injuries. Louisiana law CC § 2315.2 allows immediate family members to seek compensation for their loss and related financial damages when this occurs.
Recoverable Damages in Rear-End Crashes
After getting hurt in a rear-end accident, the financial recovery you pursue could include the costs you paid and the losses you experienced. These are known as your accident damages.
Examples of the damages typically available in a rear-end crash claim include:
- Medical treatment
- Future medical needs
- Lost wages when you missed work
- Diminished ability to work and earn a living
- Property damage
- Rental car costs
- Additional accident-related expenses
- Pain and suffering
- Wrongful death losses for surviving family members
At our personal injury law firm, we understand the financial strain you may experience after a rear-end collision. We will calculate all your accident-related losses and estimate future expenses to ensure you get a fair compensation offer.
File a Personal Injury Lawsuit Within the Louisiana Statute of Limitations
If you want to take legal action against the liable party, you have a limited time to act. Under Louisiana’s statute of limitations, you must file within one year of the accident (in most cases). This is a shorter time limit than most states offer, so you should seek legal counsel immediately to ensure you meet the deadline.
Failing to file under the statute of limitations can lead to the dismissal of your case, and you may no longer be able to recover damages.
Benefits of Hiring an Attorney for Your Louisiana Car Insurance Claim
Accident victims can choose to handle their insurance claims independently. However, this can be stressful and time-consuming. Working with our law firm lets you focus on your treatment and getting back to normal or as normal as possible.
A Lafayette car accident attorney from our team will:
- Investigate your accident
- Collect and analyze evidence that supports your testimony
- Protect your rights throughout the legal process
- Handle all communication with the defendant and insurance companies
- Prepare and file your claim
- Handle negotiations
- Sue the at-fault driver and present evidence at trial, if needed
- Represent your best interests
- Help you understand all your legal options
- Make ourselves available to you via phone, internet, and in-person
- Complete a free case evaluation when you first contact us
Our team represents clients based on contingent fee schedules, so we do not ask for any of your family’s money upfront. Instead, we receive a percentage of the financial recovery we secure on your behalf.
You may only have one year or less to take legal action, per CC §3492, so we invite you to contact our firm as soon as possible to learn how we can help.
A Record of Success Recovering Over $600 Million
Our law firm has helped many individuals and families recover compensation through cash settlements and court verdicts. We are advocates for the injured, and our Louisiana car accident lawyers want to fight for you the way they have for our previous clients.
Our track record of success includes results like the following:
- $2,000,000 for a victim who suffered spinal cord injuries in an auto accident
- $410,000 for a client who was hit from the rear by a commercial truck
- $375,000 for a victim who suffered back injuries due to a car accident at an intersection
- $1,200,000 in a trial verdict for a motorcycle accident victim
The Car Crash Attorneys at Laborde Earles Can Help
You can talk to a Laborde Earles team member for free today. We serve accident victims from our offices in Alexandria, Marksville, New Orleans, and Lafayette.
Our consults are always free, and we represent rear-end collision victims based on contingency. To learn more about the legal process in personal injury cases, contact a Laborde Earles team member today for your complimentary consultation
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