If you have been rear ended fault becomes important when it comes time to determine who pays the bills. While there are 12 no fault states that do not permit lawsuit unless injuries are serious, in other states, fault is essential to determining who pays in a car accident case. The driver who is found to be at fault is responsible for damages, and his insurance company will either have to pay a claim out of court or defend a lawsuit and pay a jury verdict to the injured victim. As such, if you were rear ended, then you may want to make sure you can prove that the other party was at fault so he has to pay your damages instead of the other way around.
Presumption of Fault
In every state, the driving code mandates that a driver maintain a safe distance between vehicles so that the driver has the ability to stop safely. Because of this rule, there is a rebuttable presumption in most states that the driver in the back is responsible for an accident in which he rear ends someone. This means if you are the driver in the front, you may have an easy time proving that the other driver was at fault, since this is what the law assumes.
However, a rebuttable presumption is rebuttable... this means that the driver in back can try to take steps to prove that you- the front driver- were actually at fault. For example, he could argue that:
- You pulled out illegally and got in his way
- You stopped short
- You stopped illegally without warning
Proving Fault
If there is a dispute about fault, either the insurance companies will determine the issue themselves with an arbitrator, and the determination will be binding on both insureds, or if one driver sues the other, the jury or judge will determine who is at fault. In proving who is at fault, evidence submitted can include:
- Eyewitness testimony
- Police reports
- A review of damage to the vehicles
- Expert testimony from accident reconstruction experts or other professionals who can examine the scene of the accident and make a hypothesis on what most likely occurred.
Getting Help
If you have been involved in a car accident in which you were rear ended, or in which you rear ended someone, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can help you to begin building evidence to prove that the other party was at fault and can help you understand your right to recover damages, if you have such a right in light of the circumstances of the accident.
