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February 18th, 2016
Rear-end collisions are one of the most common types of auto accidents. And while you may have heard the following car – the car who rear-ended the leading car – is always at fault, that is not always the case.
This misconception is rooted in the idea of negligence. When analyzing where the fault lies in an accident, one should consider “Who was most capable of preventing this accident from happening?” or “Whose negligence led to the accident.” In most rear-end collisions, the answer to these questions is the driver of the following car because they have the ability and responsibility to be alert and maintain a safe following distance, allowing enough time to come to a complete and sudden stop if necessary.
However, sometimes rear-end collisions are not fully caused by the negligence of the following car’s driver and instead is partially or fully due to the leading car’s negligence. Here are a few scenarios where this may be the case:
Proving negligence of a leading car’s driver can be tricky, and will often require the work of an attorney. If you or a loved one has been injured in an accident, we encourage you to call Dudley DeBosier for a free consultation 444-4444.