Proving Fault of Rearend Traffic Collisions

Introduction

Rear-end collisions are some of the most common car accidents. They can happen for a variety of reasons, but one thing is certain: drivers cause rear-end collisions. If you were involved in an accident that left you injured and want to recover damages from the other driver, it is critical for your attorney to prove fault in the case.

Who is at fault for a rear-end collision?

You might not be surprised to learn that the driver who rear-ends another vehicle is typically at fault. However, there are certain circumstances under which the person being rear ended may be partially or fully to blame for their injury. For example, if a driver is driving too slowly or violates a traffic law and is rear ended, the driver who was rear ended may be at fault.

How do I prove fault in a rear-end collision?

When you are involved in a rear-end collision, it is important to know how to prove fault of rearend traffic collisions.

In order to determine who was at fault for causing your injuries, the other driver’s negligence must be proven. The injured party must show that the other driver was negligent and acted outside of what was expected under normal circumstances. They may do this by showing that:

The person who hit them had no right of way (like cutting across multiple lanes without using their blinker)
They were driving too fast or too slow when they hit them (e.g., going 30 mph over the speed limit)

The following are common examples of evidence that can be used to prove the other driver's negligence.

The following are common examples of evidence that can be used to prove the other driver's negligence:

Dashcam video or surveillance footage that shows the other driver changing lanes without signaling or stopping at a stop sign.
Skid marks on either side of where your car was hit, which indicate that another vehicle was moving at a high rate of speed when it struck yours from behind.
Witness statements from people who saw what happened and can attest to the other driver's reckless driving behavior (e.g., tailgating). Write down all witness information and get medical attention, if necessary, before contacting an attorney as soon as possible.

Dashcam video

Dashcam video is a great way to prove fault in a rearend collision. In fact, it can show what happened prior to, during and after the accident, which is helpful in determining who was at fault.

For example: say you were rear-ended by another driver. Your dashcam video shows that your vehicle was stopped at a red light when the other driver hit you from behind. In this case, it's the video can show you being stopped, the full force and effect of the collision as well as the aftermath of being struck.

Surveillance footage

Surveillance footage is a helpful tool for proving fault of rearend collisions. Surveillance footage can help you determine the speed of each vehicle, and verify whether one or both vehicles were at fault. Additionally, surveillance footage can be used to show how far apart the vehicles were from each other before they collided.

Skid or Tire marks

Skid marks and tire marks can be a proof of negligence. When you're investigating the scene of an accident, you want to make sure you look for skid marks or tire marks when they're present and take photos of them for future use.

Witnesses statements

Witnesses in rear-end collisions can be helpful for establishing fault and establishing negligence. They may not always be able to tell exactly what happened, but they can help establish how the accident happened. They may also be able to tell what happened before and after the collision.

Take photos and/or videotape of the accident scene. Write down all witness information. Get medical attention, if necessary, and contact an attorney as soon as you can.

The most important thing to do after a rear-end collision is gather information and prove fault. Take photos and/or videotape of the accident scene. Write down all witness information. Get medical attention, if necessary, and contact an attorney as soon as you can.

Accordingly, an injured party seeking to recover from a rearend collision must establish:

The other driver was negligent;
That the other driver's negligence caused your injuries; and
That you suffered damages as a result of that negligence.

To satisfy the first prong, an injured plaintiff may present evidence that the defendant driver violated a traffic law.

If you can establish that the other driver violated the vehicle code while driving, that will be sufficient to prove the other driver was negligent. Typically, the other driver will be cited for a traffic offense which can be used to show the other driver was negligent.

The second prong may be satisfied by showing that the defendant driver was not using due care under the circumstances.

For example, in one case, a car collided with a motorcycle when a car pulled out of a driveway into traffic. The driver had no reason to believe that there were pedestrians or motorcycles anywhere near his vehicle. However, the court found that he breached his duty of care by failing to properly check for oncoming traffic before pulling out onto the street. The court held that this breach of duty was also a proximate cause of the plaintiff’s injury because it would have been easy for him to do so and would have prevented him from hitting anyone else who might have been present on the road at that time.

The third prong requires that the defendant driver's breach of duty was "the proximate cause of plaintiff's injury."

The proximate cause is a legal term that refers to the cause of an accident that is more direct than other causes. In rear-end collision cases, this typically means that there must be evidence that shows the defendant breached his or her duty and his or her breach directly resulted in injury for which damages are sought by the plaintiff. This can be proven through eyewitness testimony or photos taken after the accident showing how close vehicles were traveling at impact.

To satisfy this prong, an injured plaintiff must present testimony establishing that but for the defendant's negligent driving, the accident would not have occurred and he would not have been hurt.

To satisfy this prong, an injured plaintiff must present testimony establishing that but for the defendant's negligent driving, the accident would not have occurred and he would not have been hurt. In other words, if a plaintiff had been hit from behind by another driver who was traveling at a safe speed, his injuries would be minor or nonexistent. As such, in order to prove proximate cause under res ipsa loquitur, it is necessary that he show that he was injured in some fashion by reason of the defendant's negligence and that this injury was more likely than not caused by the defendant's negligence.

In rearend traffic collision cases it can help to hire an attorney skilled in these types of cases

Attorney Scott D. Hughes has significant experience in rearend traffic collision cases. A skilled lawyer with experience in proving fault in court and to insurance companies is crucial when it comes to getting fair compensation for your injuries.

Conclusion

If you have been injured in a rearend collision, it is important to contact an attorney as soon as possible. If you wait too long and don't contact an attorney, there may not be enough evidence left to prove fault of the other driver. Contact us for a free consultation.