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Determining liability in a rear-end car accident

Rear-end car collision is one of the most common types of car accidents and one of the most burning questions around it is if the car which is rear end always at fault? A very simple answer to this question is, no.

When a car accident claim is filed, the most important thing in the process is determining the liability. Yes, it is true that the rear-end driver is at fault in most cases, however, it might not be always the case as there are instances when the lead driver is at fault.

What can you be compensated for in terms of damages?

Once it is established that you are the one who has suffered due to somebody else’s fault, you are entitled to get compensated for different damages. These damages are:

  • Medical bills: This includes the amount that has been spent on getting the injury treated.
  • Lost wages: If the injury has caused you to miss days of work, you are entitled to get compensated for the wages and other earnings that you are lost.
  • Pain and suffering: The pain and suffering that has been caused due to the accident can also be compensated.
  • Car repair: This would include the amount that has been spent to get the car repaired.

That is not it, there is also a provision to get compensated for the loss of consortium and wrongful death.

Are the rear and driver always at fault?

This question has been answered in the opening of this article, let’s expand on it further. It is true that in most of the cases the rear-end driver is found to be guilty, but there are also cases when it is the lead driver who’s at fault. Every driver that is on the road must adhere to a basic standard of driving which means that they have to be on the lookout for any pedestrians, obstacles, or any other car and also be in complete control of the speed of the car.

There are several incidents when the lead car can be at fault:

  • When they are pulling up in front of some other car.
  • When they apply the brakes suddenly.
  • They might even be intentionally trying to get hit.
  • They might reverse into a car.
  • When they are driving with faulty brake lights.

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