While some rear-end car accidents can be inconsequential, many could leave drivers and passengers severely injured, potentially leading to extensive medical bills and other expenses. The law in Virginia states that a driver of a car cannot follow another car or vehicle more closely than is reasonably prudent. This means that the trailing vehicle needs to have enough time to stop if the vehicle ahead of it stops.
Drivers must take into account the speed of both vehicles, the traffic, and the conditions on the highway. The duty or the responsibility of drivers is that they do not follow a car so closely that they cannot stop in time if that vehicle in front of them lawfully stops on the road.
If a driver’s failure to follow these laws and rules of the road leads to an accident, that person could be held liable for the ensuing damages. Even though a back-end car crash might not be very dangerous, it is important to speak with a car wreck attorney before talking to the insurance companies or another party. A Charlottesville rear-end car accident lawyer at the Warren Firm could be the ally you need to protect your rights and get fair compensation.
The leading cause of rear-end collisions is drivers following too closely. If a car ahead of another slows down and there is not adequate space when the front car stops, the rear driver may be liable for the monetary damages. Another common cause of rear-end collisions that a Charlottesville attorney can assist with is drivers who are not aware of a vehicle in front of them when they are looking back at oncoming traffic as they are trying to merge into highway traffic from an on-ramp.
Rear-end collisions often happen on interstates and highways when drivers are following too closely, but both vehicles are still moving. This may be the result of distracted drivers taking their eyes off the road, or a sudden decrease in the speed limit. It is also possible that vehicles merging onto the highway could cause drivers to slam on their brakes to avoid a collision.
Many other auto collisions are caused by an animal such as a deer running into the road, forcing drivers in front of the following vehicle to take evasive action or suddenly stop. Regardless of the cause of the rear-end car crash, it is wise for the injured party to speak with a Charlottesville lawyer to collect key evidence and start building a strong claim.
In Charlottesville and in all places in Virginia, the ultimate way to determine who is at fault for the accident is for the case to go to a jury. The jury can hear what the evidence is, and they can decide which driver involved in a car crash is responsible. The answer is that in almost every case, the vehicle rear-ending another vehicle is responsible for the collision.
If you have been involved in a rear-end car crash caused by someone else, you may be owed monetary compensation for the damage they caused such as medical bills, lost wages, vehicle repair costs, and pain and suffering where applicable. Proving another driver’s liability in Charlottesville rear-end car accident cases may be difficult, but by working with The Warren Firm could help you hold the other driver responsible for the harm they caused.
Negligence is just a failure to use ordinary care that is expected of every driver for the safety of others on the road. Contributory negligence doctrine means that if a plaintiff is even slightly responsible for causing the accident that led to their damages, they may be completely barred from any financial recovery. However, in rear-end car accident cases, as long as the stationary or front driver is lawfully stopped, then contributory negligence will not generally be an issue. In almost every situation though, the driver at the rear will be found liable for causing the crash.
A Charlottesville car accident attorney could use a number of methods and tools to establish liability in a Charlottesville rear-end collision case. Everything begins with establishing what happened from the plaintiff’s point of view. After an attorney understands what happened, they could start to collect testimony from other witnesses such as passengers, pedestrian bystanders, and other people on the road. Additional tools that are often used include photographs of the scene of the accident and police reports.
Photographs were taken at the injured party’s vehicle that was rear-ended are helpful to show the size of the impact. If there is a lot of property damage, insurance companies and juries will generally have an easier time understanding the size and power of the impact. It can be more difficult to prove liability in cases where the photographs do not show much property damage in a rear-ending case.
In those situations, insurance companies often argue that there is little property damage, and then use that perception to minimize the plaintiff’s injuries. However, the amount of property damage does not directly correlate to the injuries that someone can have when they are rear-ended.
Any time drivers are negligently or recklessly following another vehicle without enough space to safely stop, they may be liable for any ensuing damages. Even in minor accidents, people may be seriously injured, incurring extensive medical costs, lost wages from missed work, and even pain and suffering. To get started with your claim, work with an experienced Charlottesville rear-end car accident lawyer at the Warren Firm by scheduling an initial consultation today.
