A rear-end collision is considered any accident caused by someone running into the back end of a person’s vehicle. It is generally presumed that the person is at fault. Often, people do not leave enough stopping distance between the front cars and tails, so it becomes a chain reaction. When one car stops or slows, each car after that does the same and the stopping distance gets shorter, increasing the likelihood of an accident. Drug and alcohol usage and weather changes are probably the greatest factors.
Most people do not compensate for the snow and allow themselves enough stopping distance. Should you be involved in a tail-related crash, contact an Aurora rear-end collision lawyer about filing a personal injury claim. A qualified car accident attorney can help you determine an amount of compensation you feel is appropriate for the harm you have suffered.
Assignment of Fault Following a Collision
Comparative fault is transferred back to the plaintiff or to other individuals that may be at fault for the accident. Aurora rear-end collision lawyers know that a tail to bumper-related accident is considered 100 percent fault of the last car involved. The burden shifts to the last car to prove that either the plaintiff is partially at fault for the accident, like stepping on their breaks for a pedestrian, an animal, or stop light. A portion of liability transfers back to the plaintiff or it could be placed on any number of individuals. The burden is on the at-fault driver to prove that they have overcome the presumption.
Understanding the Role of the Injured Party
When someone and their Aurora rear-end collision lawyer are settling property damage early in the case, they are not placing any portion of the liability on the person. When expressing that property damage as part of damages, an injured person may want to ensure that they are getting the true value of their vehicle. Individuals should consider the diminished value of the vehicle as well as any lost time from work and the cost of a rental car. Those immediate concerns after an accident which involve property damage are something that lawyers are well-versed in, can take on, and usually get resolved with minimal effort.
Importance of Speaking with an Aurora Rear-End Collision Attorney
An attorney can review relevant facts of the case with the individual who has been injured in the crash. Their role is to help clarify the legalities and facts of the case to whomever they represent, as well as speak on their behalf in legal situations.
It is very important to talk to independent witnesses, get photographs, and get statements from the police. They will often interview the at-fault driver to see what their story is to try to overcome that presumption of liability.
Since evidence can be destroyed and witnesses’ memories can be tainted or lost, there is a presumption of liability. This is a comparative negligence state, so the insurance companies routinely deny fault, placing some portion of liability on the plaintiff. It is important to get an Aurora rear-end collision lawyer involved early to address those issues.