I Rear-Ended Another Vehicle: Am I Automatically to Blame?

You may have heard that if you rear-end another vehicle, you are “automatically” at fault. But is this really true? Are there certain situations in which the driver of a rear vehicle might actually be the victim? This is something you should probably discuss with an experienced car accident lawyer in Georgia, especially if you’re recovering from injuries after a rear-ender.

Why Rear Drivers Are Usually to Blame

While there are a few exceptions, the rear driver is usually at fault in a rear-end collision. Why? Because under Georgia traffic laws, the rear driver is responsible for maintaining a safe distance from the lead vehicle. Ideally, the following distance should be sufficient to avoid a collision, even if the lead driver suddenly slams on the brakes. If you didn’t have enough time to avoid a collision, you were probably following too closely. 

What if the Other Vehicle Was Parked Illegally?

One exception to this rule involves illegal parking. If a driver parks in a dangerous spot, they might be to blame for an accident, even if another driver rear-ends them. For example, a trucker might pull over to the side of a highway, partially blocking a lane of travel. If another vehicle strikes the back of the semi-truck, the trucker might be to blame. This kind of parking is especially dangerous if the trucker fails to activate their hazard lights at night.

What if the Other Vehicle Veered Into My Lane?

The lead driver might also be at fault if they suddenly veered into your lane without warning. A safe following distance is only necessary for the vehicles directly in front of you. If a driver in an adjacent lane suddenly cut you off without signaling, you might have had no opportunity to avoid a collision. In this type of situation, the lead driver would likely be at fault, not you.

That being said, proving this type of negligence can be challenging. Authorities might see the damage to the lead driver’s rear bumper and assume that you were at fault. You might have to gather evidence to establish that the lead driver failed to use their turn signals and gave you no chance to avoid the collision. A lawyer can help you gather this type of evidence.

Both Drivers Might Be at Fault

In certain situations, you and another driver might be equally to blame for a rear-end accident. For example, you may have been following too closely. If the other driver suddenly slammed on the brakes because they were heavily intoxicated and hallucinated a person crossing the road, they are also to blame. Georgia’s “modified comparative negligence” system may allow you to sue in a situation like this.

Can an Atlanta Car Accident Attorney Help Me?

If the local authorities have told you that you were to blame for a rear-ender, it’s easy to give up hope. However, you shouldn’t dismiss the chances of helpful compensation until you speak with an experienced car accident attorney in Atlanta. Reach out to Morain & Buckelew, LLC at (404) 448-3146 to discuss your unique situation in more detail.

Source: 

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