It is no secret that distracted driving plays an unprecedented role in automobile accidents today. The increased use of cell phones and other technology like GPS is a leading cause of drivers becoming distracted on the road.
These distracted drivers lead to one of the most common form of automobile accidents: a rear-end collision.
The worst part about a rear-end collision is that they are generally preventable. Had the motorist been paying attention to the task at hand (driving) they could have easily avoided rear ending you in your vehicle at a stop sign.
Now, the upside to a rear-end collision is that it is usually simple to figure out who is at fault for the accident and any ensuing injuries or fatalities. More often than not it is the motorist who collided with the backside of your vehicle.
But of course, not all rear-end collisions are that clear cut. There are a handful of instances where liability can be shifted from the motorist who rear-ended you.
One common instance where the motorist being hit can be held liable is if they have faulty equipment like brake lights that do not work. If you have brake lights that are out, you should make an effort to get them fixed immediately.
If a motorist hits you from behind, they can argue they did not know you were stopping since your brake lights did not light up. This can shift the blame from them, to you and the fact you did not get your brake lights fixed.
Another action that could lead to you being found liable in a rear-end collision is if you made the ill-informed decision to “brake check” the driver behind you. Brake checking is when you step on the brakes without a valid reason.
A valid reason constitutes a person or deer jumping out in front of your car last minute. Braking to keep someone from following you too closely is not considered a valid reason. Therefore, if you choose to brake check someone and they crash into you, the liability for the accident could be placed on you.
Once liability is determined, receiving compensation for the damage to the vehicle is pretty straightforward through the insurance company. They will generally pay your vehicle damage claim quickly.
It is when you sustain injuries in a rear-end collision that receiving compensation can become difficult. This is because one of the most common injuries from a rear-end collision is whiplash.
Whiplash is a neck injury that occurs when your head gets whipped back in a sudden motion — like if someone rear ends you unexpectedly.
The problem stems from the fact whiplash is a soft tissue injury and difficult to prove exists. In fact, so many people have tried to fake whiplash, making many skeptical to anyone claiming whiplash after an accident.
It is an unfortunate truth but one that rear-end collision victims have to deal with. If you are in a similar situation, your best bet is to contact a personal injury lawyer.
The lawyers at Salter Ferguson, LLC, in Alabama handle all sorts of personal injury and automobile accident cases. Their experienced and expertise can help you get the financial compensation you deserve while you concentrate on recovery.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.