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Who is Liable in a Rear-End Collision, Guidelines on Damages Can be Sued for
Day by day, car crashes are happening across the region and many people die and injure in the accident.
03:39 08 June 2022
Day by day, car crashes are happening across the region and many people die and injure in the accident. According to the report of the Connecticut Department of Transportation that more than 100,000 crashes take place in the state in the year.
Rear-end accident is one of them that is the most common. And The National Highway Traffic Safety Administration (NHTSA) states that there is nearly a rear-end accident on average three accidents in the United State.
It's a kind of casualty where one vehicle smashed into the back of another vehicle as called a rear-end accident. This is the most common type of car casualty, and as result, people get seriously injured.
Mostly this accident takes place when one vehicle is tracking another too closely. If the leading vehicle suddenly brakes or slows down, the following vehicle may not have enough time to react and may collide with the back of the leading vehicle.
Rear-end accidents can also occur if one vehicle is rear-ended by another. This can happen if the rear-ending vehicle is following too closely, or if the rear-ended vehicle makes a sudden stop.
The rear-end accidents might be drastically serious or people can be injured seriously. If you have been involved in a rear-end accident, it is important to seek medical attention right away and to contact an experienced Connecticut rear-end accident lawyer to help you protect your rights.
Who is liable in a rear-end collision?
A rear-end accident is a very complicated situation for the victim, who not only has to deal with the possible injuries suffered, but also has to wait for guilt to be determined in order to collect the compensation for said accident to which they are entitled.
Who is responsible for an accident? In these cases we must collect all the elements of evidence that we can use, a very important element for the objectivity that is presumed is the report or certificate of the accident instructed by the Civil Guard, municipal police or regional police in your case, but Also of special relevance are the photographs taken at the scene of the accident of the vehicles involved, as well as the statements of those involved and eyewitnesses.
You have to try to find out who struck first, since in most cases it is the insurer of this person who must take care of all the personal and material damages that have derived from the accident.
When a collision occurs due to launching, the person responsible for the accident will be the driver of the first vehicle and his insurer will have to compensate the material and personal damage caused.
On the other hand, if it is a double rear range, the usual rear range rule applies, so that each vehicle that hits another from behind must be responsible for the damage caused and its own.
In practice, finding out the identity of the culprit is often quite complicated due to insurers. Often they are the ones that generate the conflict, since each one of those involved wants to hold the other responsible so as not to assume the responsibility that corresponds to them.
This means that those affected may be immersed in an unpleasant situation in which there is no agreement between insurers and therefore receive the compensation that corresponds to them. What is recommended in these cases is to put yourself in the hands of lawyers specializing in traffic accidents and go to court to purge responsibilities.
Driver rear-ended other vehicle
Generally, those drivers who rear-end another vehicle are marked as responsible and at fault for the crash.
- Driving being closed to other vehicle in front
- Distracting (talking over the mobile phone, texting someone, eating or drinking)
- Looking at something on the other side around.
- A driver who "Daydreams"
- Caring for children in the back seat
The vehicle which is hit from the back
The driver who has been hit from behind may be liable for the accident in the following situations:
- Stepping on the brake pedal suddenly
- Putting the vehicle in reverse suddenly
- Not using hazard lights or pulling off the road to fix mechanical problems or change flat tires
- Driving with broken or non-working brake lights
What kind of damages can I sue for?
- Medical expenses: all types of medical examinations
- Lost wages: according to the consent to your doctor, you become unable to work again.
- Scars: It relies on the stringency of the scar and the possibility of whether it is permanent or temporary.
- Pain and Suffering: You may be able to receive additional reimbursement if your injuries were especially debilitating. This is given according to the impact that the accident has had on your daily life and the ability to continue working and interpersonal relationships.
- Permanent Injuries: If your doctor determines that your injury is permanent and issues a rating under the parameters of the American Medical Association.
- Additional expenses: if during the treatment you have extra expenses such as medical prescriptions or a wheelchair, you are entitled to reimbursement.
In Connecticut, “comparative or contributory negligence” applies, meaning that you may be partially at fault for the accident and liable for damages.
However, only your percentage of fault will be reduced from your award, but if you are more than 50% at fault for the accident, you will not be able to receive anything in a lawsuit.
Determination of the compensation:
Generally, the driver who hit you is responsible for a rear-end accident. That's because drivers are required to leave a safe following distance between their car and the car in front of them, and they're expected to be able to stop safely if the car ahead of them stops suddenly.
If you're hit from behind, it's generally assumed that the other driver was following too closely and wasn't paying attention. You may be able to get compensation for your medical bills, lost wages, and other damages from the other driver's insurance company. If the other driver was uninsured or underinsured, you may be able to get compensation from your own insurance company.