Who is at Fault In a Rear End Car Accident?

February 9, 2022

Rear end collisions are typically the fault of the rear end driver. Under Pennsylvania law, drivers are expected to maintain a safe distance and drive at a reasonable speed to prevent rear end collisions. Thus, drivers who rear end the car in front of them are generally responsible for the accident because they should have been maintaining a distance that would allow them to safely stop without hitting the car in front of them. Negligent rear drivers, who might be texting or tailgating, can be found liable for damages or injuries incurred by an accident.


Yet, there are a few exceptions to this rule. Rear end drivers may not be at fault in a rear end collision if the front driver was operating their vehicle recklessly, the vehicle’s brake lights were broken, or if both drivers were traveling in dangerous weather conditions. 


I Was in a Rear End Collision. What Should I Do? 

If you’ve been rear-ended in a car accident, you should first ensure your safety. If you or the other driver is injured, call for emergency medical attention right away. Many rear-end collision injuries might not present themselves until later. If you develop injuries or symptoms after the car accident, you should consult your doctor right away. It’s important to preserve a record of your injuries for later claims. 


Once you are safe, be sure to collect the contact information from the other driver, along with their insurance and license plates. If there are other witnesses or people involved in the car accident, try to get their contact information as well. They may provide helpful witness statements during your case. 


Call local police to make a report even if the accident is minor. A police report may be important evidence in your insurance claim or case.


Finally, be mindful of what you say. Though you may be disoriented after a rear-end car accident, avoid taking blame or admitting any responsibility. Statements like these can be used to discredit your claims later. You should always consult an attorney before taking responsibility for a car accident. 


Should I Speak with My Insurance Company After the Collision? 

If you’ve been rear-ended it is important to consult an attorney before speaking with your insurance company. Unfortunately insurance companies, even your own, may not have your best interest in mind. Remember, they prioritize their bottom line. Your insurance company may try to convince you to settle your case early on in the claims process. Consult with an attorney before you settle on any offer, to make sure you are being fairly compensated for your injuries and lost wages. 


Even worse, insurance companies may try to shift the blame towards lead drivers for slamming on their breaks or coming to a sudden stop. If you were rear-ended, do not take blame for an accident without directly consulting with your attorney first. 


Have You Been in A Rear End Car Accident? Get a Free Consultation Today! 

Attorney Crichton is an experienced personal injury lawyer who has a long track record of successfully advocating for his clients to reach lucrative settlements or exhaust their insurance policies. If you were injured in a rear end collision, Attorney Crichton will work to ensure that you have the best outcome possible and are fairly compensated for your injuries, lost wages, or other damages. Attorney Crichton will collect statements, review medical records, and negotiate with insurance companies while you focus on recovery. 


Call 267-412-2142 for a free, personalized case consultation today. All personal injury cases are handled on a contingency basis, meaning we don’t get paid until you receive compensation. 

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