Overhead view of a busy highway

This Is the Truth About Rear-End Collision Liability

Rear-end collisions can be brutal. They usually—but not always—occur as a result of the following driver’s inattention to the road. However, there are other ways these types of collisions can occur.

Here’s the truth about rear-end collision liability:

Determining Fault

The driver in the rear will almost always share at least a portion of the blame for a rear-end collision. This is because all drivers have a duty to follow other drivers at a safe distance. Drivers have to stop, slow down, and swerve all the time, for all sorts of unexpected reasons, which is why it’s so important for everyone on the road to drive at safe distances at all times.

It’s your responsibility to make sure that you leave enough space between your vehicle and the one ahead of you so that you’re prepared if the vehicle in front needs to make an unexpected stop.

The Leading Driver Can Also Be At Fault

Not all rear-end collisions are fully caused by the driver in the rear. It is sometimes possible for the driver in the front to be partially responsible for a rear-end collision. Some circumstances in which the leading driver may share a portion of the blame are as follows:

  • The driver suddenly reverses
  • The driver suddenly stops to turn and fails to execute the turn
  • The driver’s brake lights don’t work
  • The driver gets a flat tire but neglects to pull over or engage the vehicle’s hazard lights

The portion of blame the leading driver will be assigned is based on how the driver’s negligence helped cause the wreck.

Pure Comparative Negligence

Mississippi is a pure comparative negligence state, which means that a portion of the blame will be assigned to each driver. For instance, if you are found to be 20% at fault for the accident, and you are awarded $10,000 in damages, you can only collect $8,000 from the other driver involved in the wreck.

If you sustained injuries due to someone else’s recklessness, we’re here to help you recover the compensation you deserve.

Call us today at (662) 262-6264 to discuss the details of your case!

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