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Colorado Injury Firm

Is the Driver in the Back Always Liable in a Rear-End Accident?

Person driving a car behind a truck on the road

There is a common belief that the driver in the back is always liable in a rear-end accident. While this is often the case, there are always exceptions, and law enforcement, as well as insurers, will handle liability in these cases just as they do in any other case. This is why it is crucial to work with a skilled lawyer if you have been injured in a rear-end collision. Insurers will often try to take advantage of you and place blame on you, even if you were not at fault. An experienced attorney could act as your legal advocate after a crash, investigating the wreck and taking legal action against the at-fault driver.

Factors in Rear-End Accidents That Contribute to Liability

In some cases, the driver of the rear vehicle may be at fault for a rear-end accident. If the driver was not paying attention (i.e., texting while driving), was intoxicated, or lacked a safe following distance between themself and the driver in front, they may be found at fault for the crash.

There are also situations in which the front driver could be partially or even fully responsible for a rear-end collision occurring. If the driver in the front of the accident was driving erratically, stopping abruptly, or failing to follow traffic laws, they could be found liable for the resulting accident.

There can also be other factors in play that contribute to a wreck, including weather conditions such as rain, snow, ice on the roads, and fog. Every situation is different, which is why it is critical to work with a well-versed attorney who understands how fault may be assigned in these cases and could work to prove the liability of the other driver.

Steps to Take Immediately After a Rear-End Accident

After a rear-end wreck, it is essential to take certain steps to protect yourself and strengthen your future injury case.

  1. If you are injured, get medical attention. Your health is your number one priority, and some car accidents can leave you with severe and long-term injuries that may worsen without proper treatment.
  2. If you are able, document everything involved with the accident. This includes taking pictures of any damage to your vehicle, injuries sustained, and the surrounding scene with damages, as well as the license plate of the driver that hit you.
  3. Do not apologize. You may think that this is just being courteous, but the insurance company of the other driver may take this as an admission of guilt, and this can be used against you in a courtroom.
  4. Do not give any recorded statements. Avoid speaking to the other drivers’ insurance company for any reason until you are accompanied by your attorney.

The final and most important step to take after a rear-end accident is contacting an attorney right away. Getting in touch with a lawyer as soon as possible after a crash gives them ample time to gather evidence and speak with witnesses, which can make all the difference in establishing liability after a collision. An attorney can also handle proceedings with insurers and ensure that you are not mistreated by the other party’s insurance company.

A Seasoned Attorney Could Help Establish Liability in a Rear-End Accident Case

If you or a loved one has recently been injured in a rear-end accident, it might feel as though you have no options for legal recourse. However, this is not the case. A dedicated attorney could guide you through the injury claims process, helping identify the at-fault party and pursue fair compensation from them on your behalf. To learn more about what our legal team could do for you, call our office today.

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