Rear-end accidents are some of the most common types of car accidents and can often result in serious injuries. If you’ve been injured in a rear-end accident, it’s essential to speak with a lawyer about your legal options. A lawyer can help you file a claim against the driver who caused the accident and obtain compensation for your injuries. Contact The Knowles Law Firm today to schedule your free consultation and discuss your options.
Most Common Causes of Rear-End Collisions
If you’re the victim of a rear-end collision, chances are it wasn’t your fault. In fact, rear-end collisions are almost always caused by the driver who hits the car in front of them. Whether they’re not paying attention because they’re texting or are distracted by something else, there are many reasons why drivers cause rear-end collisions. You may be entitled to compensation if you’ve been in a rear-end collision that wasn’t your fault. The following includes some of the most common causes of rear-end collisions:
- Distracted driving: Distracted driving is one of the most common causes of rear-end collisions. Whether the driver who causes the accident is texting, talking on the phone, or even just fidgeting with the radio, any type of distraction can result in a rear-end collision. If you’ve been in a rear-end collision caused by a distracted driver, you may be able to recover damages from their insurance company.
- Following too closely: All drivers are required to maintain a safe following distance between their vehicle and the one in front of them. When drivers fail to do this and follow too closely, it’s often referred to as “tailgating”. Tailgating is extremely dangerous and is one of the leading causes of rear-end collisions.
- Brake check: Unfortunately, some drivers use their brakes to intentionally cause a rear-end collision. This is sometimes referred to as “brake checking,” and it’s incredibly dangerous.
- Speeding: Drivers speeding are much more likely to cause a rear-end collision than those driving the Nebraska speed limits in each area. This is because speeding drivers have less time to react if the driver in front suddenly brakes or slows down. If you’ve been hit from behind by a speeding driver, you may be entitled to compensation for your injuries and damage to your vehicle.
- Inclement weather: Inclement weather conditions, such as heavy rain or snow, can contribute to rear-end collisions. This is because wet or icy roads make it more difficult for drivers to stop quickly if the driver in front brakes suddenly.
Comparative Fault Laws in Rear-End Collisions in Nebraska
If you’ve been injured in an accident, you may be wondering if you can still recover damages even if you were partially at fault. In Nebraska, the laws of comparative fault apply. Comparative fault is a legal doctrine that either bars plaintiffs from recovering damages if they were partially at fault for the accident or reduces the amount of damages they recover based on their percentage of fault. In Nebraska, if you were 50% or more at fault for the accident, you would not be able to recover any damages from the other party.
For example, let’s say that you are rear-ended by another driver while stopped at a red light. The other driver was not paying attention and slammed into your car at full speed. You suffered severe injuries as a result of the accident. However, when the police arrive on the scene, they determine that your brake lights were not working correctly, which contributed to the accident. If the case goes to court, you will be assigned a percentage of fault for the accident, and your damages will be reduced proportionately to that percentage.
How Fault is Determined After a Car Accident
One of the first things that must be established after an Omaha car accident is who is at fault. This can significantly impact who pays for damages, medical bills, and more. Depending on the situation, fault may be determined by an insurance company or by a court. Let’s take a closer look at how each of these works.
Determining Fault After a Car Accident with Insurance Companies
In most cases, insurance companies assign blame (and therefore liability) after a car accident. They do this by investigating the accident and reviewing evidence such as police reports, photos, and eyewitness statements. Based on their findings, the insurance company will decide who was at fault for the accident.
It’s important to note that insurance companies are not always impartial in these matters. They might try to assign more blame to you than is fair or offer you far less money for repairs than is necessary. That’s why it’s crucial to have an experienced car accident lawyer on your side to help you navigate the claims process and fight for the best possible outcome.
Determining Fault After a Car Accident in Court
If you cannot agree on who is at fault with the other driver or their insurance company, you may need to file a personal injury claim in civil court. If this happens, it will be up to a judge or jury to review the evidence and determine who is liable for the accident. In this case, you should always have a lawyer representing you.
Why Choose The Knowles Law Firm
A personal injury lawyer will fight for you to get the compensation you deserve, whether it’s for damage to your vehicle or the lasting physical and mental effects of the accident. The lawyers at The Knowles Law Firm:
- Will help you recover as much compensation as you deserve.
- Will be available to answer all your questions.
- Will treat you with compassion and patience while fighting aggressively and vigorously to defend your rights.
- Have the experience needed; we have been practicing personal injury law for more than 30 years.
Don’t try to navigate the legal system alone—let a personal injury lawyer be your advocate so that you can focus on healing. Contact The Knowles Law Firm today to schedule your free consultation.