Is it Always Your Fault if You Hit a Car from Behind?
Is it Always Your Fault if You Hit a Car from Behind?
Most people know that, if you hit a car from behind, you’re going to be held responsible. Rear-end collisions almost always end with the rear car paying damages out to the person they hit. This is because, most of the time, it’s the rear car that causes the accident. However, there are times when the rear car is not responsible for your Texas car accident.
When you think of a rear-end collision, you probably think of hitting someone in bumper to bumper traffic. Or, perhaps you slam on your brakes at a red light and bump the car in front of you. Either way, the court is going to say you caused the accident. Either you were going too fast or you didn’t stop soon enough. If this is the case, you should be held responsible for the accident.
But what if the person in front of you slammed on their brakes for no reason? Or, what if their brake lights are out and you had no idea they were going to stop? Should you still be held responsible in these situations? No. And, that’s when it’s important to have an experienced Texas car accident lawyer by your side. They’ll work hard to prove that the accident wasn’t your fault. They’ll also fight to make sure you get the compensation you deserve.
What are Some Situations When the Front Driver May Be at Fault?
It may be hard to imagine a situation where the front driver is responsible for a rear-end collision. However, it happens all the time. The reason the law presumes the rear driver is at fault is because, most of the time, it’s true. The rear driver usually has the last clear chance to avoid the accident. And, if the front car isn’t moving, it makes sense that the rear driver caused the crash.
However, there are times when the front driver may be at fault. These situations include:
- Their brake lights aren’t working
- They stopped at a location where cars typically have no reason to stop
- They slam on their brakes
- They were actually backing up at the time of the accident
- They were turning and then stopped unexpectedly
If you’re in an accident where this was the case, make sure you let your Texas car accident lawyer know. They’ll gather the evidence to prove that you weren’t the one who caused the accident.
If You Hit a Car From Behind, How Do You Prove the Other Driver was Responsible?
It’s not going to be easy for your car accident lawyer in Texas to prove the other driver was at fault. The presumption is that, as the rear driver, you were at fault. Your attorney is going to have to submit evidence that demonstrates the front driver caused the accident.
Some of this evidence may include:
- Dashcam or a video recording from the intersection camera
- Eye witnesses
- Testimony from accident reconstruction specialist
- Statements made by both the front and rear driver
- Pictures of the damage to the cars
Once your attorney proves you weren’t at fault, they’ll demand that you be compensated. As long as the other driver is responsible for the crash, you will be entitled to certain damages.
What Kind of Damages Can you Demand?
Your attorney is going to demand that you be compensated for your damages. These damages may include:
- Medical bills and future medical bills – Most people who are hit from behind need some sort of medical care. These bills should be covered.
- Lost wages – Hopefully, you won’t miss a lot of time from work. But if you do, you can demand reimbursement.
- Lost future earnings – Most rear-end car accidents don’t cause terribly serious injuries. However, there is the chance that you could end up permanently disabled after the crash. If this happens, you won’t earn as much as you would have before the crash.
- Property Damage – The defendant needs to pay to get your car fixed or replaced.
Contact an Experienced Car Accident Lawyer in Texas
If someone hits you from behind, you may suffer some injuries. You’ll probably also need to fix your car. Since the rear driver is almost always at fault, your claim should be paid. But if it’s denied, call and talk to our office.
Our Texas car accident lawyers know how to get you the compensation you deserve. You can sit down and talk to a skilled attorney at no charge. They can answer any questions you might have.
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