Who Is At Fault For Rear-End Accidents in Philadelphia?
Determining fault after a rear-end accident can be tricky. Philadelphia drivers must safely drive while sharing the road, but a severe accident can happen when they fail to do so. An experienced Philadelphia car accident attorney can help you get what you deserve after a rear-end accident.
If you have suffered an injury in a rear-end accident in Philadelphia, contact an attorney today.
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Table of Contents
- What Is a Rear-End Accident?
- Pennsylvania Rear-End Accident Law
- Who Is Responsible For Causing a Rear-End Accident?
- When Is The Front Driver Responsible?
- Common Reasons Rear-End Accidents Happen
- Common Injuries In Rear-End Accidents
- How Can a Rear-End Accident Attorney Help Me?
- Contact a Philadelphia Accident Attorney Today
What Is a Rear-End Accident?
A rear-end accident occurs when one vehicle collides with the back of another vehicle. Factors like distracted driving, tailgating, and poor weather conditions often cause these accidents. While the rear driver is typically considered at fault, there are cases where the front driver is responsible for the crash. Those situations are explained in further detail below. The front driver might share responsibility for the accident in cases of faulty equipment or an unexpected and sudden stop.
Pennsylvania Rear-End Accident Law
Each state has its own set of rear-end accident laws, including Pennsylvania. The Pennsylvania state law is codified at 75 Pa. C.S. section 3310 (b). This statute details the Pennsylvania rules for following too closely behind another driver. Specifically, drivers are:
- Prohibited from following too closely behind another driver
- Drivers must keep a reasonable distance from other drivers, which depends on the speed of the vehicles, traffic conditions, and other relevant factors
Who Is Responsible For Causing a Rear-End Accident?
Determining fault in rear-end accidents depends on the circumstances of the crash, but some general rules often apply, as well as trends that Pennsylvania state law follows.
The rear driver is responsible for causing the accident. The back driver is presumed to have caused the accident. Rear drivers are expected to maintain a safe distance and be able to stop their vehicle in time to avoid a collision.
Pennsylvania state law usually follows a legal concept known as negligence per se, which means that if the back driver was not carefully operating their vehicle, the back driver is considered responsible for causing the accident.
When Is The Front Driver Responsible?
There are certain exceptions to the rule when it comes to assigning fault in a rear-end accident. In Pennsylvania, here are some instances when a front driver is responsible for causing the accident.
Improper Lane Changes
A rear-end accident can happen if the front driver makes an improper lane change. If the front driver cuts off the rear driver by changing lanes abruptly without signaling or stopping abruptly while making a turn, they may be considered partially at fault.
Reversing Into Traffic
Drivers should not reverse into oncoming traffic to help avoid serious accidents. If the front driver reverses into a moving vehicle, causing a rear-end collision, the front driver can be at fault.
Faulty Brake Lights
Suppose the rear driver could not see the vehicle’s brake lights because they were broken or malfunctioning; the rear driver may not be held fully responsible. The front driver may share some fault for not maintaining their vehicle in safe working conditions.
Sudden Stops
A sudden stop by the front driver can cause a rear-end accident. If the driver in front stops suddenly or unexpectedly for no reason, the front driver may be considered to have negligently caused the rear-end accident. Even in this case, however, the rear driver may share responsibility for not keeping an adequate distance between cars.
Common Reasons Rear-End Accidents Happen
Like other types of accidents, rear-end accidents happen across Pennsylvania for many reasons. Here are some of the most common reasons that rear-end accidents happen:
Impaired Driving
Driving under the influence of drugs and alcohol is negligent. Intoxicated drivers are more likely to lose their inhibitions and cause an accident. Rear-end accidents happen for a variety of reasons, and losing control of the wheel because of the influence of drugs or alcohol is a big reason for injury-causing accidents.
Weather Conditions
Slippery roads can easily cause accidents, including rear-end accidents. Wet, icy, slippery roads can increase stopping distances, making rear-end accidents more likely.
Speeding
Speeding is one of the most common causes of traffic accidents. Driving too fast for conditions, especially in areas with heavy traffic or poor weather, can make it harder to stop in time.
Following Too Closely
Pennsylvania drivers must avoid following too closely in traffic. Following too closely makes a rear-end accident more likely to happen. Not leaving enough space between cars can keep a vehicle from stopping quickly to avoid a crash.
Distracted Driving
Distracted driving happens when a driver takes their attention away from driving. A distracted driver can cause a rear-end accident. For example, a distracted driver may check their phone after getting a text message and take their eyes off the road for one moment. Suddenly, that driver collided with the front driver’s vehicle.
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Common Injuries In Rear-End Accidents
Some injuries are more commonplace in rear-end accidents. Here are some examples of the most common injuries after a rear-end accident.
Chest Injuries
The impact of the seatbelt and airbag may cause bruises or fractures to the chest area.
Facial Injuries
Facial injuries can leave the victim living with deformities. The crash’s impact can cause cuts, bruises, or broken bones in the face, especially if the airbags deploy.
Head and Brain Injuries
Head and brain injuries are severe and can leave the victim with lasting long-term impacts. Even if the car is not involved in a high-speed collision, sudden jolts can cause a concussion or other types of head injuries.
Back and Spinal Injuries
The impact of a rear-end accident can cause damage to the back and spine, like herniated discs or fractures.
Whiplash
Whiplash is a common injury in traffic accidents. Whiplash occurs when the head is jerked forward and then backward suddenly. It can cause injury to the neck, spine, and muscles.
How Can a Rear-End Accident Attorney Help Me?
In most rear-end accidents, the back driver is typically considered at fault because that driver is expected to maintain a safe following distance and be able to stop in time to avoid a collision. An attorney can help sort through the facts of the case and help you get what you deserve after a rear-end accident.
Here are common ways that rear-end accident attorneys can help recover financially after an accident.
Handle Settlement Offers
After an accident, the other driver’s insurance company will contact you with a settlement offer. Having an attorney review any settlement offer can ensure you get the best outcome for your case. Your attorney will help determine whether the settlement offer is fair based on your injuries and other damages. They will advise you on whether to accept or reject the offer.
If the initial offer is unsatisfactory, your attorney will enter into negotiations to secure a better settlement that more accurately reflects your medical needs and other financial losses.
Provide Emotional Support
Getting into an accident carries physical, financial, and emotional fallout. Dealing with the aftermath of a rear-end crash can be stressful. A skilled attorney will help by handling the complexities of the legal system. Having an attorney handle the legal side of your recovery will help you relax and focus on your physical and emotional recovery.
Protect Your Legal Rights
Having an attorney means your legal rights will be protected after a rear-end accident. A rear-end accident attorney will protect your legal rights throughout the process. Your attorney will help ensure that you are treated fairly by the insurance company, defendants, and third parties after an accident.
Your rear-end accident lawyer will handle all communication with the other driver’s insurer, legal team, and parties involved.
Finally, an attorney will provide you with accurate and actionable legal advice. You no longer need to guess the next best step after an accident. Having an attorney means knowing what to expect after a crash and how to get the compensation you deserve.
Proving Non-Economic Damages
Accident victims might be entitled to recover for non-economic losses after a rear-end crash. The nature of these losses makes them hard to prove. If the injuries from the rear-end accident result in intangible losses, an attorney can help calculate and present your non-economic losses to ensure that you receive compensation for these often-overlooked aspects of your injury.
If the injuries from the crash cause long-term disability or chronic pain, your personal injury lawyer will work to estimate the future costs associated with the injury, including long-term medical care, lost future income, and lost capacity to earn.
Handle Medical and Expert Witnesses
Your case might involve a large amount of medical evidence, and using an expert can be the best way to ensure that the judge or jury fully understands your injuries. Your attorney will work with medical experts to assess the extent of your injuries. They can help establish a clear connection between the accident and your medical conditions, ensuring you are compensated for current and future medical treatments.
In some cases, your rear-end accident lawyer will call on other professionals to testify on your behalf to prove the defendant’s negligence and the cause of the accident.
Represent You In Court
Trying to represent yourself in court can be overwhelming. If your case goes to trial, your attorney will represent you in court, question witnesses, present evidence, and argue your case to the judge or jury. Your lawyer will work to demonstrate the defendant’s liability and the extent of your damages.
If the insurance company does not offer a fair settlement, an experienced car accident attorney can file a personal injury lawsuit to help resolve your case. Your lawyer will prepare all necessary documentation and evidence to prove that the other driver’s negligent actions caused the accident.
Negotiate With Insurance Companies
Negotiating with insurance companies alone is one of the most challenging parts of resolving a rear-end accident. Your attorney will ensure that all aspects of your damages are covered, including future medical expenses, ongoing therapy, and emotional distress, which an insurance adjuster can easily overlook.
Insurance companies want to save money, even if that means you do not get the recovery you deserve. Insurance companies might attempt to shift the blame onto you or a third party. Sometimes, insurance companies will deny fault entirely. A lawyer can counter these tactics by presenting strong evidence and legal arguments to protect your rights.
Your lawyer will negotiate to get you a fair settlement covering your medical expenses, lost earnings, property damage, and pain and suffering.
Determining Fault
An attorney will help determine fault by analyzing contributing factors surrounding the rear-end accident. Your attorney can identify factors like distracted driving, tailgating, improper braking, or road conditions that may have caused or contributed to the crash. They will work to ensure that the party responsible is held accountable.
An attorney can help you identify all parties responsible for the accident, whether the rear or front driver or if they share responsibility.
Investigate and Collect Evidence
It is part of an attorney’s job to thoroughly investigate the facts of your case. A rear-end accident attorney will help investigate the circumstances surrounding the collision. They will gather the evidence, like police reports, surveillance and traffic camera footage, witness statements, and scene pictures to help build your case.
An attorney might use their resources to employ an accident reconstruction expert. Your attorney may work with an expert to analyze the crash and determine exactly how the accident happened. It can be important in proving liability, especially if a dispute about fault exists.
Contact a Philadelphia Accident Attorney Today
Managing the legal system can be difficult, especially when dealing with insurance companies and opposing parties. An attorney can handle all the necessary paperwork and negotiations on your behalf. Their skill in personal injury law will be invaluable in building a strong case and advocating for your rights.
You need legal help after getting into a rear-end accident. Legal representation can increase the odds of a full and fair financial recovery for your injuries, damages, and other losses. Contact a Philadelphia personal injury attorney immediately after getting into a rear-end crash in Philadelphia.