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Franco Law Firm Franco Law Firm

Is Fault Automatic in a Rear-End Collision Case?

If a person rear-ends someone while driving, that person is usually at fault for the collision in the eyes of the law. However, there are endless scenarios in which a car can be rear-ended, bumpers can be scratched, and and fenders can be bent. There’s no one-size-fits-all model of fault in a collision, just as every type of collision is unique.

In order to determine fault in a rear-end collision, several questions must be answered. How did the accident or collision occur? Who was driving the vehicles involved in the collision? It is well known that every driver on the roads must leave an appropriate amount of space between themselves and the car in front of them; breaking these rules of the road makes accidents more likely.

If you rear-end someone, it is likely you must shoulder at least part of the blame for the accident, or you are partially at fault. However, if the driver of the car that was rear-ended was intoxicated or can be proven negligent, they may also be at fault.

For example, the driver of the rear-ended car may be partially at fault if one or both brake lights was out at the time of collision. Another example is if the driver signals to make a turn suddenly but then does not make the turn as signalled. Fault may be murky if the driver pulls off of the road but does not properly employ their hazard lights. As you can see, there are myriad reasons why fault in a rear-end collision case can be difficult to determine.

If you have been a driver who rear-ended another vehicle in a collision, whether major or minor, or if you have been rear-ended by a driver who you believe to be at fault, contact Franco Law Firm today at (813) 872-0929.

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