Liability for a rear end collision
When one car hits another car from behind, which driver is at fault for the accident? Unfortunately, there is no easy answer to that question. To determine who was at fault, it is important to know the facts of the case and any circumstances that could have contributed to the crash. However, it is possible to give a broad answer to what happens in a typical rear end accident.
Who Is At Fault?
In almost all cases, the driver who was hit is not at fault. This is true regardless of what the driver was doing. Technically, the driver who is behind the car that got hit is supposed to be paying attention to the actions of all of the drivers ahead of him or her. While a driver cannot intentionally take actions that would cause a rear end collision, a case of a driver simply slamming on the brakes suddenly does not necessarily mean that the driver caused the accident.
What If Their Insurance Doesn’t Cover All of The Expenses?
In the event that the other driver’s insurance policy doesn’t cover all of your expenses, you have the right to go to court. At first, it may be a better idea to try to negotiate with the other driver in an attempt to get the money that you deserve.
However, you may wish to hire a personal injury lawyer if you don’t think that you are getting what you deserve or if you are being pressured into a lowball agreement. It is important to keep in mind that you have the right to collect money for your medical bills as well as compensation for pain and suffering or emotional distress above and beyond the amount of your medical bills.
Should I Hire A Lawyer?
It may be in your best interest to hire an attorney as soon as you know that you have been injured in an accident. Whether you have suffered a neck injury, a back injury or more serious injuries, the insurance company for the other driver may try to force you to settle the case before you are ready. Having a lawyer on your side will help preserve your rights and make it harder for the insurance company to lowball you.
In any accident case, you should document as much as possible before you accept any type of settlement. Based on the facts in your case, an attorney may be able to win you a larger award or get you the best possible deal without having to go through a lengthy trial to make it happen.