What happens if you have been rear-ended in a car accident? What do you need to know if you’ve been in a rear end collision? In this article we will discuss some important things to know and consider if you’re ever in a rear-end collision.
First off, the car behind you cannot be following too closely to you. Additionally, if you’re the driver in front, you cannot suddenly decrease your car speed without signaling. Basically, even if you are rear-ended, it is not automatically clear that you had no fault. You will have to show that acted reasonably.
In some circumstances, different laws apply. For example, if your vehicle is lawfully stopped at a stop sign or a signal, then it is likely that the driver that read ended you is at fault. Under personal injury, tort law, there is a principle called Res Ipsa Loquitur. The doctrine means something that speaks for itself. In other words, this is used when (1) the accident was likely caused by someone else’s negligence and (2) the defendant is likely the person that caused the accident.
The benefit of this doctrine is that a jury can find that the defendant was liable even without showing specific evidence of fault.
It is important you speak with an accident attorney if you’ve been in a car accident. The insurance companies will try to speak with you and anything you say to them, can be used to show it was your fault. In order to make sure you get the compensation you deserve for your personal injuries, call us for a free consultation of your accident case.