Rear-end collisions send countless people to the hospital each year. It is a common type of wreck. At Inzina Law Injury Attorneys, our firm is dedicated to helping Louisiana car accidents victims. These claims are analyzed according to fault to determine who has liability. So, who is at fault in a rear end collision? We need to reconstruct the accident to at least understand who caused the crash. In most situations, either the driver behind caused the accident or the motorist in front did.
Once we determine fault, we can advocate for financial compensation. These accidents are expensive, and you could lose thousands in medical bills and car repairs. Contact our firm to find out more about your legal rights. Our Lafayette car accident lawyers are available to meet at a convenient time.
Who Causes Most Rear End Collisions?
In Louisiana, courts presume that the driver of the rear vehicle is at-fault in a rear-end collision. However, this is not a hard-and-fast rule, and it is possible to show that the front vehicle was partially or completely responsible. Rear-end collisions are often caused by:
- Speeding—the driver can’t stop in time because they are going too fast.
- Distraction—the driver could focus on a cell phone or other distraction, so he doesn’t even see the car ahead has slowed down or come to a stop.
- Fatigue—the driver nods off and drives straight into the car in front.
- Inebriation or drugs—alcohol and drunks can easily impair a motorist, leading to poor decisions or slowed reaction times.
- Tailgating—the closer a driver follows a car, the less time they have to hit the brakes.
However, in other cases, the driver in front is to blame for the rear end collision, even though they got hit. They could be at fault for the following reasons:
- Cut off a driver or pulled in front of them
- Brake checking (stopping for no reason in the road)
- Swerving into a lane
- Failing to yield on the freeway
Speak with a rear-end collision lawyer today. Our job is to advocate for why you deserve compensation.
Evidence Used to Determine Fault
As often happens, both drivers blame the other. So it’s up to lawyers and insurance claims adjusters to sift through the evidence to determine what really happened. Some of the most critical pieces of evidence include:
- Witness testimony. People can testify about what happened. Were you driving normally when someone cut you off? If so, we want to hear from as many witnesses as possible. Or were you driving down the road when a speeding or drunk motorist crashed into you from behind? Let’s talk to witnesses. You are a witness, of course, but other witnesses are helpful, such as passengers in your car or even bystanders on the sidewalk.
- Available video evidence. We sometimes have video evidence to use in these cases. Your car might have a dashcam, or a different driver has a camera mounted. We can also search for security footage from nearby businesses.
- Toxicology results. These test results are useful if an intoxicated or high driver crashed into you. This is one reason to call the police after a wreck. The officer can talk to the driver and request field sobriety tests or a breath test.
- Car damage. The damage to the vehicles could provide clues about how the accident happened, including the speed the vehicles were traveling. Don’t immediately fix your car until you speak to a Lafayette car accident attorney.
You might have been rear-ended as part of a multi-vehicle pileup. We see these on the highway, involving dozens of cars. This is a good reason to reach out to a rear-end collision lawyer at our firm. There is usually a massive amount of evidence in these multi-vehicle collisions, and you need the professional expertise of an attorney to find evidence that’s useful.
Third Party Claims
When analyzing fault, it sometimes turns out that a third party is to blame for the crash. Some accidents are caused by:
- Defective parts. The brakes might suddenly fail on a vehicle, even though the motorist is driving carefully. In this type of crash, the manufacturer could be to blame, if there was a defect in the design or manufacture of a component part. A mechanic could also be at fault if they didn’t perform careful repairs.
- Construction zones. A zone could be set up improperly, without necessary signage to warn motorists that they are approaching a construction zone. In these situations, you might sue the government responsible for the road.
- Defective road. A defect on the road could be to blame. Suppose tree branches obscure a stop sign or the sign is missing. The municipality responsible for the road could be to blame for the rear-end collision.
- Phantom driver. A motorist might cut off a car, causing them to hit the brakes. That sets off a chain reaction involving other drivers. However, the driver at fault speeds away because they weren’t struck. This missing (or phantom) driver is at fault, but we don’t know their identity.
You can still seek compensation. We might make a claim on your uninsured motorist policy or sue the third-party directly (if we know their identity).
Comparative Fault
Both motorists might share fault. For example, the front driver could brake check, while the driver behind is distracted by his cell phone.
In this example, both could share some of the blame for their failure to drive carefully.
Under Louisiana law, each driver’s compensation is reduced by their share of fault. For example, you might be 50% to blame, in which case you will receive half of your damages.
Let us review the facts. We want to know if you were distracted by a cell phone or something else, because these facts can impact your case.
Speak with a Lawyer Today
Inzina Law Injury Attorneys has fought for meaningful compensation for countless accident victims. Were you hurt in a rear-end collision? Call our firm today to schedule a free consultation. Without any risk to you, we can listen to your story and advise whether you have a right to bring a car accident claim.