There are numerous misconceptions about auto accident laws that often result in car crash victims compromising their important legal rights. By way of example only, many people think that the driver who crashes into the rear-end of another car is always at fault. Although it is true that the driver who crashes into the rear of another vehicle that is in front of them will be liable for damages in most cases, there are a few circumstances when the lead driver might actually be held liable or partially liable for causing the rear-end collision.
One case in which the lead driver could be held financially responsible for causing a rear-impact collision is in backup collisions. When a motorist is backing up, and they collide with another motor vehicle that is approaching, the lead driver could be held liable for causing the accident. This is because that driver may have been backing up when it was not safe. In another circumstance, when the lead driver may be held liable in a rear-end collision, the lead driver is operating a car with non-functioning brake lights. In that circumstance, that driver’s auto collision insurance carrier could attempt to shift liability to the lead driver.
If you or a loved one have been injured after being rear-ended by another motor vehicle, it is important that you protect your legal rights. The best first step in safeguarding your legal rights is to avoid apologizing for the accident. Insurance company representatives might see an apology as an admission of guilt, and they could use your statements against you by denying your accident claim. If possible, you or one of your passengers should ask all accident eyewitnesses to provide their contact details. Witnesses are essential when fighting off insurance company defense strategies.
It is important to understand that the liability in rear-enders is not always clear. It is important to understand this so that you or your loved one is careful about what they are saying to the other party’s auto collision insurance company adjusters. Auto accident insurance adjusters are typically looking for every opportunity to shift some or all of the financial responsibility to the lead driver. In some states, if the insurance company can shift the percentage of fault to 49-51 percent or more, the accident victim can lose their right to receive monetary compensation.
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If a negligent driver has harmed you or a loved one, you might be eligible to file a claim to recover monetary damages. The Accident Attorneys at Parker Waichman LLP help victims recover monetary compensation for harm caused by dangerous drivers. Time is limited to file your claim, so call Parker Waichman LLP at 1-800-YOUR-LAWYER (1-800-968-7529) to receive a free case review.
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