What Are My Rights If A Distracted Driver Rear-Ended My Car?
Rear-ended car accidents occur when a car hits the other from behind. Although most vehicular accidents are unexpected, rear-ended collisions are even more so because it is almost impossible to predict when or how a car could hit you from behind. These accidents leave their victims with thousands of dollars in medical bills, lost wages, and other incidental expenses. In addition to their financial burden, these accidents can prove fatal for one or both drivers.
Determining liability in such accidents is a challenging task because while in most cases the rear driver is responsible for the accident, it is not always the case. However, if you were involved in a rear-ended collision, you can file a lawsuit against the negligent driver to obtain adequate compensation for your damages.
Rear-ended car accidents occur commonly throughout the United States. Nearly two million rear-ended collisions occur each year, making up almost thirty percent of all car accidents. According to the NHTSA (National Highway Traffic Safety Administration), some of the most common causes of these accidents include distracted driving and looking away from the road. Most rear-ended car accidents are observed in male drivers between the ages of 25 and 35.
The car accident attorneys at Angel Reyes & Associates have provided several important steps you should take to safeguard your legal rights after a rear-end car accident. After ensuring your safety, as well as that of the passengers in your car, you should park your car on the side of the road away from the path of the oncoming traffic. After getting to safety, you should contact the emergency services and request medical assistance and the police.
While you wait for law enforcement to arrive at the scene of the accident, you should exchange information with the other driver of the other car and extensively document the scene of the accident on your phone, including photos of the physical and property damage, as well as a written account of all the events from your perspective. It is also advisable to obtain brief audio recordings of eyewitness statements and a copy of the official police report for future reference. Once all these steps are complete, you should consider contacting an experienced attorney for legal representation.
If you got hit from behind by another vehicle, you can pursue legal action against the negligent party. However, determining fault is not always easy in such accidents and you might also share responsibility for the accident if you displayed negligent behavior like brake-checking, driving with broken lights, driving in reverse, or failing to use turning signals, etc.
In most cases, the rear driver is deemed responsible for the accident because they have ample time to react to any sudden traffic situations and take reasonable measures to ensure that they do not hit any vehicle in front of theirs. Rear drivers are also held responsible if there is proof that they were tailgating the driver in front of them when the accident occurred.
An experienced lawyer will help you document and compile the evidence you need to prove your case in a court of law and help you get the financial compensation you deserve for your financial, emotional, and physical damages.