How to Prove Negligence in Rear-End Collisions

Rear-end collisions are the most common type of car accident. Alabama statistics show there were over 48,600 rear-end accidents in the state over a recent year, resulting in nearly 60 deaths and over 2,800 known injuries. When these crashes happen, accident victims may be eligible for compensation to cover their medical expenses and other losses.

 In Alabama, the driver whose negligence — a legal term for carelessness — causes a car crash is financially responsible for its consequences. While the driver in the rear car is generally assumed to have been negligent, this is not always the case. If you suffered injuries in a rear-end accident and need help proving the other driver’s negligence, contact Stokes Stemle, LLC for a free consultation with an Alabama rear-end collision accident attorney.

What Compensation Can I Recover After a Rear-End Accident?

 When we meet with potential clients, one of the first questions they ask is, “What is the average payout for a rear-end collision?” It’s a good question with no single answer. The compensation you can recover after a car wreck varies widely depending on the circumstances of the incident and your injuries. Your case could be worth anywhere from a few hundred to millions of dollars, but the facts make all the difference.

In Alabama, victims of rear-end car collisions may be eligible to seek compensation for losses like:

• Medical bills
• Rehabilitation, such as physical therapy
• Lost wages
• Reduced earning capacity
• Reimbursement for the costs of assistive medical equipment, home renovations, or home nursing care
• Pain and suffering
• Emotional distress
• Lost quality of life

An experienced rear-end collision attorney can place a fair value on your case after investigating the crash and calculating your losses, including future expenses.

What Factors Determine Liability in Rear-End Accidents?

Establishing rear-end accident liability is crucial for insurance claims and personal injury lawsuits. Alabama is a fault state for car accidents, meaning you file your personal injury claim with the other driver’s insurance provider after a crash. If you need additional compensation beyond what you can get through insurance, you can file a car accident claim against the at-fault party. 

Some of the factors attorneys and insurance companies use to determine liability for a rear-end crash include:

• Speed and distance – How fast were the cars going, and was the rear car following at a safe distance?
• The drivers’ actions – Was either driver inattentive or violating traffic laws?
• Weather and road conditions – Was the road wet and slippery, or was there poor visibility or a traffic defect?
• Vehicle maintenance – Did either car have maintenance problems, like faulty brakes or non-functioning brake lights?

How Do I Establish Negligence in a Rear-End Collision?

Establishing negligence in a rear-end collision requires various kinds of evidence. An experienced rear-end collision attorney can assist you with gathering the proof you need, such as:

• Traffic camera footage – Many rear-end collisions occur around intersections, where slowing down and stopping are common. If the intersection where your crash occurred has a camera, your attorney may be able to access footage that proves the other driver was at fault.
• Dashcam footage – If you have a dashboard camera that captured the collision, it can be valuable evidence showing what you and the other driver were doing leading up to the accident.
• Eyewitness statements – After an auto accident, it’s always a good idea to get the names and contact information of eyewitnesses. Your attorney can follow up with these witnesses to get their statements, which may corroborate your version of events.
• Vehicle computer data – Many newer vehicles have internal computer systems that log data such as vehicle speed and braking. This information may show that you were stationary before being struck or that the other car was speeding and didn’t brake before striking you.

Contributing Factors in Rear-End Collisions

Some of the most common factors leading to rear-end accidents stem from driver negligence, such as:

• Distracted driving – Texting or talking on the phone diverts a driver’s attention from the road. This could cause a lead driver to brake suddenly when they look up and see a hazard, or it could cause a following driver to slam into the vehicle ahead of them because they weren’t paying attention.
• Tailgating – The closer the following car is to the leading car, the less time they have to react to a change in traffic conditions. A good rule of thumb is to stay two seconds behind the vehicle ahead, regardless of speed.
• Driving under the influence – Alcohol and other intoxicating substances significantly impair a driver’s ability to react to hazards around them, leading to auto accidents.
• Fatigued driving – Sleepiness impairs a driver’s awareness and reaction time almost as much as drunk driving, increasing the likelihood of rear-end crashes.

Can the Driver in the Front Be at Fault for a Rear-End Accident?

While most people assume that the rear driver is at fault in a rear-end accident, the front driver may also be at fault. Some of the ways leading drivers can cause rear-end collisions include:

• Sudden stops for no reason – The leading driver could be liable for a rear-end collision if they stop without warning. This can happen when a frustrated driver engages in brake checking, or tapping the brakes unexpectedly in an attempt to get a tailgating driver to back off.
• Reversing into another vehicle – Sometimes, rear-end collisions happen because the driver in front reverses into a car behind them. This typically occurs when the at-fault driver in front doesn’t check their surroundings before reversing or doesn’t realize their car is in reverse.
• Faulty brake lights – If the lead vehicle has malfunctioning brake lights, the tailing driver may not realize they’re slowing down until it’s too late to react. All drivers are responsible for properly maintaining their vehicles and ensuring their brake lights work.
• Obstructive maneuvers – If a driver cuts you off, they could be liable for a resulting rear-end car accident. This frequently occurs when a slower driver merges in front of a faster vehicle.

Contact Our Alabama Car Accident Lawyers for Help

At Stokes Stemle, LLC, our experienced car accident attorneys place a premium on providing personalized legal services that put your needs first. We understand how a motor vehicle accident can turn your life upside down, and we’re here to help you turn things around and get your life back on track.

Past clients like Abi James can attest to the quality of our legal representation, writing in a testimonial that, “Stokes Stemle helped me with my injuries after a car accident in Montgomery, Alabama. We got a great settlement and have had time to actually heal from our injuries without having to worry about our bills. Highly recommend Josh and Jonathan.”

If you suffered an injury in a rear-end collision in the River Region, contact our firm today for a free consultation with one of our experienced car accident lawyers.