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If I rear-end another vehicle am I automatically at fault?

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With winter approaching the mid-South and the threat of ice and snow, the upswing of car accidents is always inevitable. Car accidents can happen in multiple ways and for various reasons. From head-on crashes to minor fender benders, accidents are unfortunately frequent. One of the most common type of car accidents is the rear-end collision – and it can lead to serious injuries for both drivers.

Many people believe that being rear-ended in a car accident automatically makes the tailing driver responsible. Although many motorists who rear-end other vehicles are indeed at fault for the accident, this isn’t always the case. If you rear-ended another driver – and you weren’t driving dangerously – you may not be at fault.

In some situations, the lead vehicle is actually responsible for the accident. If you were involved in an accident caused by a leading driver and you suffered injuries as a result of the collision, you may also be entitled to compensation for your injuries, property damage, and other losses.

There are several situations in which a tailing driver is not responsible for an accident. To show that a lead driver was responsible for the accident, you must be able to prove that he acted negligently.

Examples of negligent driving for lead drivers include:

  • Slamming on brakes suddenly (whether to harass or annoy other drivers)
  • Failure to yield the right of way to another driver
  • Aggressive driving
  • Failure to signal a turn or lane change
  • Excessive speed
  • Driving too slowly
  • Dangerous driving (such as driving carelessly in bad weather conditions)
  • Distracted driving that leads to erratic or dangerous driving

In some cases, it’s not always immediately obvious that a leading driver was at fault. In other situations, the police assume that both drivers contributed to the accident and thus ticket both motorists.

If you have been ticketed in a rear-end collision that was not your fault, it’s important to speak to an experienced personal injury attorney as soon as possible. The longer you wait, the harder it is to prove the other driver’s negligence.

The Chiozza Law Firm can help you with the traffic ticket the officer may have issued you at the scene of the accident or determine if the other driver was at fault. Call us at 901-526-9494 for a free, confidential case evaluation.

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Posted by Brian Chiozza at 7:52 AM
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