It is a common misconception that the driver behind is always to blame for rear-end collisions. You may be surprised to learn that this is not the case for every accident of this nature. Rear-end collisions are often far more nuanced than they appear to be at first glance.
Keep reading to learn the answers to your questions about rear-end collisions.
How can negligence lead to a rear-end collision?
How can negligence lead to a rear-end collision?The following are some ways in which negligence can lead to a rear-end collision:
- Failing to pay attention to the road and watch for hazards
- Failing to stop within a reasonable amount of time
- Failing to travel at a reasonable speed (not only based on the posted speed limits but also on driving conditions)
- Failing to keep control of the vehicle
- Failing to yield the right of way
- Failing to utilize turn signal(s)
- Failing to follow at an appropriate distance
How can the concept of negligence be used to determine fault?
There are four steps to take to prove another driver’s negligence in a rear-end collision:
- Prove the other driver had a duty of care while he or she was behind the wheel.
- Show that the other driver breached the duty of care.
- Demonstrate how the other driver’s breach of duty led to the collision.
- Constitute that you sustained actual damages (like bodily injury or property damage) as a result of the collision.
Is the driver who rear-ends the leading vehicle always solely at fault?
Not necessarily. However, the driver who rear-ends the leading vehicle will nearly always take a portion of the blame. This is because every driver has a duty to follow the vehicle ahead at a safe distance.
Every driver has this duty because cars stop suddenly and surprisingly all the time for a variety of reasons, including to avoid a hazard in the road as well as to avoid traffic congestion.
You need to have enough space between your vehicle and the one ahead of you in order to prevent a collision in the event of an unexpected stop.
What are some circumstances in which the leading driver is at fault for a rear-end collision?
The following are a few situations in which the leading driver is to blame for a rear-end collision:
- A driver suddenly backs up.
- A driver suddenly stops to turn and fails to achieve the turn.
- A driver’s brake lights don’t work.
- A driver sustains a flat tire but fails to pull over and switch on the vehicle’s hazard signals.
Which injuries are most common in rear-end collisions?
Some of the most common injuries sustained in rear-end collisions are as follows:
- Whiplash
- Occurs when your head forcefully snaps forward and then backward. As a result, the ligaments and muscles in your neck are stretched too far for safety.
- Herniated Disc
- Each vertebra in your spine is cushioned with a soft disc, which can rupture if injured. Herniated discs may press against the nearby nerves, which may cause numbness, tingling, pain, and weakness in your arms, legs, or other areas of the body.
- Muscle Strain
- The muscles in your body may tighten in response to the collision, which can lead to muscle strain since contracted muscles are torn more easily than relaxed ones.
- Headaches and Migraines
- It may take time for headaches and migraines to develop following a neck or spine injury. Not all headaches are the same, which means you may experience trauma headaches, for example, or you could be feeling the impacts of a pinched nerve.
If you’ve been injured in a rear-end collision or any other kind of car accident for that matter, we may be able to help you recover the compensation you deserve. We have helped many other people recover compensation when they needed it most, and we may be able to help you, too. Don’t hesitate to contact our office right away with any questions you may have.
Call the Naperville lawyers at Chute, O’Malley, Knobloch & Turcy, LLC today at (773) 906-4063 to speak with an attorney about your case.