While the common assumption is that the rear driver is always at fault in a collision, this may not always actually be the reality. Collisions occur for a variety of reasons and there may be instances where the rear driver may be liable for an accident.
Determining negligence in a car accident can be one of the more difficult aspects that victims have to face following a crash. Victims may suffer injuries, pain and suffering, may need to pay large medical bills, or may even have to miss time at work. Proper determination of fault can mean the difference of hundreds, sometimes thousands of dollars, as it is often the driver at fault who will be responsible for a victim’s medical bills and injuries.
One circumstance in which a rear-end collision would not be the fault of the driver in the rear is a case where the driver in front reversed suddenly. Another instance, would be a case where a driver stopped suddenly in order to make a turn.
Drivers also have a responsibility to keep their cars in working order. Rear stop lights are important indicators to other drivers about when a car may make a turn or sudden stop. If a driver’s brake lights failed and resulted in an accident, the driver in front with the poorly-functioning brake lights will likely be negligent. Another instance where a rear-end collision would not be the fault of the driver who collides with the vehicle in front, would be a situation in which a car stalls or has a flat tire and the driver fails to properly use hazard lights to warn other drivers about the danger.
According to NOLO, each driver’s negligence will often have to be evaluated by a judge or jury. In Minnesota, in order to sue another driver for negligence, the driver must be found 51% or more responsible for the accident. Because the determination of fault can often be difficult, it is important that victims seek the advice of a skilled personal injury lawyer if they are involved in a rear-end collision in Minneapolis, Minnesota. Contributory negligence laws in Minnesota bar individuals from suing if they are 51% or more responsible for an accident. In general, the assumption in a rear-end collision is that the person in the rear is 100% at fault. However, these assumptions can be false in certain specific situations. A skilled personal injury lawyer can review all relevant factors of your case to determine whether you may be entitled to compensation in a rear-end collision.
The Law Office of Martin T. Montilino understands that any accident can have a huge impact on victims and families. The law may place limitations on the amount of time victims have to seek compensation for their injuries. If you have been involved in a rear-end collision in Minneapolis, Minnesota, don’t hesitate to contact a skilled personal injury attorney. The Law Office of Martin T. Montilino offers free, no-obligation consultations for car accident victims.