Many people have heard the legal advice that “the driver of the rear vehicle is always at fault in a rear-end accident.” Like many pieces of (often unsolicited) legal advice given by non-lawyers, this rule is not exactly true.
What is true is that drivers who rear-end other vehicles are at fault most of the time. Under Section 14-240 of the Connecticut General Statutes, “No driver of a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the highway and weather conditions.” As a result, when a rear-end accident occurs, there is a very strong chance the driver in the rear was following more closely than was reasonable and prudent. A driver who was not could have stopped before a collision.
There are some situations in which the driver of the front vehicle may be at fault for a rear-end collision. These include the following:
- Faulty or broken brake or taillights
- Sudden or unsignaled lane changes
- Failing to maintain adequate speed after merging
- A driver reverses after coming to a stop
Rear-End Accidents Can Cause Extremely Serious Injuries
When you are rear-ended, the impact can come out of nowhere. One moment you are sitting there at a stoplight or stop sign, and the next you are thrown forward in your seat, and your head snaps back and forth on your neck with violent force. Not surprisingly, these accidents can cause severe injuries, including the following:
- Traumatic brain injuries
- Broken bones
- Burns
- Facial fractures
- Whiplash
Protecting Your Rights After a Rear-End Accident
There are certain steps you should take after a rear-end accident in order to protect your legal rights. These include the following:
- Call the police. A police report can go a long way in establishing liability with the insurance company. In addition, if the police issue anyone involved a traffic citation, it can make your claim much more manageable.
- Document the scene of the accident. Take pictures of all of the vehicles involved as well as any injuries you sustained. If you can, obtain contact information from anyone how may have witnessed the accident occur.
- Collect information from the other drivers involved. Make sure to get their names, insurance policy information, and phone numbers.
- Undergo a thorough medical evaluation, even if you do not think your injuries warrant professional care. It’s essential to develop a record of your injuries that you can use to establish your damages. In addition, some injuries may not be apparent right away, and it’s important to start treatment as soon as you can.
- Contact an attorney as soon as possible after an accident. Waiting could hurt your chances of recovering compensation.
Hurt in a Rear End Accident? Call Leighton, Katz & Drapeau, Personal Injury Lawyers Serving Connecticut
At Leighton, Katz & Drapeau, we are committed to helping accident victims get the compensation they deserve. To schedule a free case evaluation with one of our attorneys, call our office today at (860) 875-7000 or send us an email through our online contact form.
