Fault in Rear-End Collisions

If one car crashes into the back of another, the driver of that car is most likely going to be found at fault for the crash. However, there may be situations when the lead driver is partially to blame for the crash.

As fault can be a complex issue in a rear-end accident, it is a good idea to discuss the situation with a qualified attorney. The licensed Phoenix car accident lawyers at our firm understand the confusion experienced by victims of rear-end accidents. We are here to answer your questions and determine if you may be eligible for compensation.

If you’ve been involved in a car accident in Arizona, call our Phoenix car accident attorneys at ELG Law. Our team of auto collision lawyers is here to help with a free, no-hassle consultation today.

Determining Fault in Rear-End Crashes

Rear-end accidents are one of the most common types of car accidents in Arizona. Some of the main reasons for these crashes are heavy traffic and distracted driving.

In most rear-end accident cases, the driver of the striking vehicle is held liable for the damages. This is usually what happens if a driver gets hit while stopped at a red light, in a line of traffic, or at a stop sign. The lead driver did nothing wrong to cause the accident. He or she was following the rules of the road.

When your vehicle is hit from behind, there is not much the striking driver can argue about, especially if his or her vehicle has front-end damage and yours has rear-end damage. The rear driver could also be held liable if bad weather contributed to the crash. For example, if there was a thick layer of smoke or fog in the area that limited visibility, the driver may have needed to slow down to help prevent crashing into another car.

Distracted Driving

Distracted driving is a top cause of serious incidents in general, especially in intersections. Texting while driving can cause accidents when a driver is on their phone and isn’t paying attention to road signals in an intersection. Or, if a sudden stop occurs, drivers on their phones may rear-end another vehicle.

Arizona recently banned texting while driving statewide, but the best solution is to stop using your cell phone completely while operating a vehicle. Avoid answering calls on the road and keep your phone out of reach when you’re driving.

The Fault of Lead Drivers

There are times where the lead driver, the one who was struck from behind, can be held partly responsible for the rear-end accident.

For example, the accident victim could potentially be held partially responsible if he or she did any of the following:

• Suddenly put the car in reverse
• Failed to use hazard lights when his or her car was broken down

• Stopped for no reason
• Drove erratically
• Stopped to make a turn and did not turn

The lead driver could also be partially at fault if his or her brake lights do not work or one of the tires goes flat and the driver stops in the middle of traffic to fix it.

The bottom line here is that if some portion of the blame can be assigned to you in a rear-end accident as the lead driver, the court will need to determine how much fault you will be assigned. If your claim is for $5,000 and you were deemed to be 30 percent responsible, you would only receive 70 percent of the $5,000 claim, or $3,500. 

This is an example of how Arizona’s comparative negligence law may be applied to a personal injury claim. However, if a claimant intentionally, willfully or wantonly caused or contributed to an injury, he or she cannot pursue compensation.

Car Accident Lawyer in Phoenix

By driving defensively on the road and keeping these crash fasts in mind, your chances of an accident in an intersection are decreased. However, if you are involved in a wreck, contact your accident attorney as soon as possible. Your lawyer can work as your liaison with insurance companies and help you organize the facts of your case, making the process, and your recovery, hassle-free.

If you’ve been injured in a wreck, contact our Phoenix auto accident lawyers at ELG Law today. Call us at (623) 562-3838 for a free initial consultation.

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source https://www.elgphx.com/fault-in-rear-end-collisions/