Rear-End Collisions: Who’s at Fault and How to Prove Your Case
Rear-end collisions are one of the most common types of car accidents in Connecticut. They can range from minor fender benders to serious accidents. Determining who is at fault and proving your case is not always simple. Here’s what you need to know if you’re involved in a rear-end crash.
Common Causes of Rear-End Accidents
These are the most common causes of rear-end accidents:
- Distracted driving: Texting, eating, adjusting the radio, or using navigation apps can distract drivers, causing them to hit the car ahead.
- Tailgating: Following too closely reduces reaction time, increasing the risk of collision when the lead car slows or stops suddenly.
- Sudden stops: Abrupt stops at intersections or in heavy traffic can catch drivers off guard even if they are paying attention.
How Connecticut Determines Fault For Rear-End Accidents
In Connecticut, the driver who rear-ends another vehicle is usually considered at fault. This is because drivers have a responsibility to maintain a safe following distance. However, Connecticut also follows a modified comparative negligence rule. This means fault may be shared if the front vehicle acted negligently. For example, if they suddenly reversed or made a dangerous lane change without signaling.
If you’re partially at fault, your compensation will be reduced by your percentage of fault. You can still recover damages if your responsibility is under 51%. It’s important to consult a personal injury attorney as soon as possible after an accident, so they can help you understand your rights and also help gather and preserve evidence.
What to Do Immediately After a Rear-End Collision
The moments following a rear-end accident are stressful, but there are steps you should take to protect yourself:
- Check for injuries: First, make sure you and everyone involved are safe. Seek medical attention immediately if needed. Even minor injuries in an accident can turn serious after some time passes. This is most common with head and neck injuries, and you should always have those checked out by a doctor or urgent care.
- Call the police: No matter the severity of the accident, having a police report is important for establishing facts and determining fault later.
- Document the scene: Take clear photos of vehicle damage, road conditions, and license plates. Gather names, addresses, and insurance information from witnesses and the other driver or drivers.
- Avoid admitting fault: Anything you say at the scene could be used against you, so keep this in mind. It’s best to say as little as possible, because you will likely be upset, and your adrenaline will be pumping after an accident. Stick to facts and avoid discussing responsibility.
When the Rear Driver Isn’t at Fault
While the rear driver is typically considered at fault, there are scenarios when this isn’t true. First, in multi-car accidents, if you’re rear-ended and pushed into another vehicle, the driver behind you is usually at fault. In these cases, determining liability may involve multiple parties. Dangerous lane changes can also affect liability. If the front vehicle cuts in suddenly without sufficient space or warning, they might share some or all liability.
What Happens if the Other Driver Doesn’t Have Insurance?
In Connecticut, auto insurance policies must include Uninsured/Underinsured Motorist (UM/UIM) coverage, which protects you when the at-fault driver lacks sufficient insurance. This coverage is part of your insurance policy, not the policy of the other driver. You may have the minimum required coverage, $25,000 per person and $50,000 per accident, or you may have paid more for additional coverage.
If you’re involved in a collision with an uninsured or underinsured driver, notify your insurance company promptly. Many policies have a short time limit for this notification, sometimes it can be 30 days. Since UM/UIM claims can become complicated and insurers often seek to minimize payouts, working with an experienced car accident attorney can simplify the process and help you secure fair compensation.
Compensation You Can Recover
If you’re involved in a rear-end collision, you may be entitled to several types of compensation, depending on your case. First, you can recover your medical bills, including direct expenses, ongoing care and future medical costs. Second, you can also get reimbursed for lost wages. If your injuries prevent you from working, you are entitled to compensation for lost income and any loss of future earning potential. Lastly, you can be compensated for pain and suffering, which includes physical pain, emotional distress, anxiety, and loss of enjoyment in daily activities.
Your exact compensation depends on the specific details of your case. A Connecticut car accident attorney can provide guidance based on your situation.
Tips for Avoiding Rear-End Collisions
To reduce your risk of involvement in rear-end collisions, follow these practical tips:
- Maintain a safe distance: Keep at least a three-second gap between you and the vehicle in front.
- Avoid distractions: Keep your eyes on the road, your hands on the wheel, and your mind focused on driving.
- Be predictable: Use signals, brake gradually, and avoid sudden lane changes.
- Monitor traffic conditions: Look ahead to anticipate stops or slowdowns, giving yourself ample time to react safely.
Being proactive helps you avoid accidents.
Getting the Help You Need
At Mancini Law, we believe you should never expect an insurance company to rescue you. These corporations focus on their profits, not your health and well-being after an accident. They have an army of employees protecting those profits. We are your army, and we level the playing field.
If you’ve been involved in a rear-end collision, call us today at [INSERT PHONE] or fill out our [online contact form] for a free consultation. We’re here to answer your questions and guide you through the entire process.
FAQs
Is the rear driver always at fault in a rear-end accident?
Usually, but not always. While the rear driver is often responsible for following too closely or being distracted, sometimes fault can be shared or assigned to the front driver if they reversed unexpectedly or made a sudden dangerous lane change.
Should I accept the insurance company’s initial settlement offer?
Insurance companies often start with low settlement offers hoping you’ll accept quickly. If you have been offered money by an insurance company, it is wise to consult an attorney, who can review your case and negotiate a fair settlement.
Can I still recover damages if I was partly at fault?
Yes, as long as you’re less than 51% at fault. Connecticut follows modified comparative negligence, meaning your compensation is reduced by your share of responsibility.
Can I file a claim if the other driver fled the scene?
Yes. If the other driver fled, your uninsured motorist coverage can help compensate for your losses. The police may also be able to identify the driver. Always report hit-and-run incidents to the police immediately.