The rear end collision is the most common type of car crash in the United States. The National Highway Traffic Safety Administration (NHTSA) reports that about 6 million car crashes occur in the U.S. each year. Of these 6 million crashes, 4 in 10 are rear end collisions. The statistics equal out to about seven rear end collisions per minute.
In this type of collision, a driver impacts the tail end of the vehicle directly in front of them. Though many times, the liability falls with Driver A, who rear-ended Driver B, there can be exceptions depending on the circumstances of the accident. You will want to work with a lawyer who has experience handling these types of car crash cases, to ensure that you have your best chance at securing compensation.
Determining fault in a rear-end collision
If you have been hit from behind, your attorney will work to prove that you are in no way liable for the accident. To do this, we review the exact circumstances that led to the crash. Some of the most common include:
- Tailgating drivers. If the driver making the impact was tailgating, i.e. driving too close to the car in front, the state of Maryland considers this aggressive driving, which is illegal. The speed at which the impacted vehicle was traveling does not affect the liability of the rear driver in this type of incident. It is the rear driver’s responsibility to drive at the proper speed and distance, remain alert, and break in time to avoid a collision.
- Distracted drivers. An additional consideration when determining fault for rear end crash is whether or not the rear driver was operating the vehicle while distracted at the time of the collision. If the driver was talking on the phone, texting, or engaging in other distracting activity, that driver may face legal liability for any injuries sustained by others in the crash.
- Poor road conditions. Detrimental road conditions at the time of a rear end collision may play a role in the cause of the accident. For instance, if icy road conditions inhibit the driver’s ability to stop in time, the court may take this into account – especially if there were no warning signs about the road conditions. The rear car driver may still be found liable due to not adjusting to the conditions, or simply driving too fast or too close to the vehicle in front.
- Involvement of other vehicles. Multi-vehicle crashes are complicated. A single driver impacting another vehicle from behind can initiate a chain reaction of events that create multiple rear end collisions. Many times, the driver of the car that begins the chain reaction may be held liable.
If you or a loved one is recovering from injuries suffered due to a recent rear-end or other type of car crash, it is important to understand your potential options for compensation. At the premier injury law firm of Plaxen & Adler, P.A., we are able to conduct a complete investigation of your car accident incident and move forward to help you secure the financial recovery you are owed for your injuries and other losses. To set up a free consultation about your case with an experienced Maryland car accident attorney from our team, call us today at 410-730-7737 or send us a request through our contact form.