Who is at Fault in a Rear-End Accident?

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Who is at Fault in a Rear-End Accident?2020-05-28T09:49:10+00:00

Rear-End Accident Lawyer in Los Angeles

It is not uncommon to hear others say that whoever rear-ends another driver will always be held at fault. Although this holds true in a majority of rear-end accidents, it is not always the case. If you have been involved in a rear-end accident, then you should be aware of the several factors that can contribute to properly determining who is at fault. 

There are many different scenarios in which the person who rear-ended another is not found to be at fault. Here are some examples:

  1. Failure to yield the right of way

When someone fails to yield the right of way, he may irresponsibly pull out in front of you when you have the right of way. For instance, let’s say you are driving down a residential street and then a driver backs out of a driveway, but fails to notice that you are coming up the street. As a result, the driver didn’t check to see if it is safe to go, and therefore, you rear-end the driver when he is backing out. If this is the case, the person who rear-ended the person backing out of the driveway would not be held at fault. 

  1. Cutting someone off or merging too close

When it comes to cutting someone off or merging too closely, it can result in a tricky situation in determining who is to blame for the accident. There are several aspects that can contribute to this, such as speed, extent of traffic, and driving conditions. For example, if someone is merging onto a freeway and decides to go in front of you without leaving a reasonable amount of space for you to modify our speed, the driver who was in front of you can possibly be held responsible if you rear-end him. For drivers who merge too closely or cut another driver off, they must safely consider the other drivers in the lane, too. This is definitely applicable in cases where there is dense traffic. However, if there is a sufficient amount of space for a driver to safely merge onto the freeway, but the driver behind him is distracted and isn’t able to stop in time, resulting in a rear-end accident, then the situation could be reversed and the person who rear-ended the other driver can be held responsible. 

  1. Stopping too quickly or failing to maintain speed

When drivers are being tailgated, many people are tempted to pump their brakes with efforts of scaring the tailgater off; however, this is not always a good idea. If the tailgater ends up rear-ending you, you can potentially be held at fault for stopping too quickly for no justified reason and as a result, you can be held responsible for being rear-ended. 

  1. Conditions that contribute to a rear-end accident

There are several scenarios in which the person can be held at fault for the accident if he or she acted in negligent behavior. For instance, it can conclude distracted driving, such as texting while driving, tailgating, driving under the influence, failure to drive safely in unsafe weather conditions, obstructions on the road, mechanical failures, health conditions, and more. Although many people seem to believe that these types of accidents are very clear cut, that is not always the case.

  • Duty of care

A certain duty of care must be adhered by, which means that the drivers must be using a reasonable amount of care while on the road. However, determining whether a driver was adhering by this or not can be quite tricky. Therefore, it is best to consult with a car accident lawyer Los Angeles who is well-versed in auto accidents. 

Contact a Car Wreck Lawyer Los Angeles
Because rear-end accidents can be so complex, it is best to seek help from a legal professional who knows the ins and outs of these cases. At Grey Law, we fully understand these types of accidents and have successfully represented a large number of victims of auto accidents.

If you are in need of a Los Angeles car injury attorney, we are the team that you want on your side. We are compassionate, assertive, and knowledgeable attorneys that you can trust. If you have been injured in an accident, contact a Los Angeles personal injury attorney to get the help you need.

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