People often assume that the tailing driver is liable, and most of the time, this is true. However, this is not always the case. In other cases, the lead driver may be partially or fully at fault for a collision. Determining who is liable for this type of auto accident isn’t always straightforward. Therefore, if you have been injured in a rear-end collision, you need our experienced Westchester County Car Accident Attorneys to help you investigate the cause of the collision to establish fault. Continue reading to learn who may be liable for a rear-end collision and discover how our dedicated team members can advocate on your behalf to help you secure the fair compensation you deserve.
Who may be liable for a rear-end collision?
Rear-end collisions are one of the most common car accidents. Rear-end collisions occur when a tailing driver crashes into the rear of the vehicle traveling in front of them. Although these types of auto accidents can arise for a number of reasons, they typically occur when the tailing driver does not leave sufficient distance between themselves and the vehicle in front of them.
As mentioned above, it is a common misconception that the driver in the back is always responsible for a rear-end collision. Although this may be the case in many situations, the lead driver may be at fault in some instances. For instance, if the driver ahead purposely slammed their brakes, otherwise known as brake checking, they could be held accountable for the accident. However, proving that a driver intentionally slammed their brakes can be difficult. Brake checking is defined as a type of road rage deliberately performed to intimidate tailing drivers. If you rear-end someone who brake-checks you, it is critical to find witnesses or surveillance footage of the collision to prove the lead driver did not have a valid reason for suddenly braking. The driver of the car that gets rear-ended can also be found negligent if they suddenly go into reverse, their brake lights are broken, or they have a mechanical problem and neglect to move fully off the road.
In the unfortunate event that you or someone you care about has been injured in a rear-end collision, contact a skilled Westchester County car accident attorney. If you have sustained serious injuries they can burden you with overwhelming losses such as hefty medical bills, lost income, loss of enjoyment of life, and emotional distress. Don’t navigate this complex legal process alone. Allow our firm to represent your interests today. With years of experience, you can trust our firm to help you seek reasonable compensation for your economic and non-economic damages.