If you've been injured in a rear-end car accident, you may be wondering who is liable for your injuries. In most cases, the driver who hit you from behind is at fault. This is because drivers have a duty to keep a safe distance between their car and the car in front of them and to take action if they cannot do so.
In this blog post, we will discuss the liability of drivers in rear-end accidents and how negligence can play a role in these crashes.
Liability in a Rear-End Car Accident
If you've been injured in a rear-end car accident, the first thing you should do is seek medical attention.
Once you have done this, you may want to consider speaking with an experienced personal injury attorney who can help you understand your legal rights and options.
In many cases, the driver who hit you from behind will be held liable for your injuries. This is because drivers have a duty to keep a safe distance between their car and the car in front of them and to take action if they cannot do so.
If the driver who hit you did not maintain a safe following distance or failed to take action to avoid the collision, they may be considered negligent.
The Concept of Negligence
If you're considering filing a personal injury lawsuit after being involved in a rear-end car accident, it's important to understand the concept of negligence. In order to succeed in a personal injury lawsuit, you will need to prove that the other driver was negligent. This means that you will need to show that the driver failed to take reasonable care under the circumstances and that their actions (or lack thereof) resulted in your injuries.
For instance, if a driver behind you runs into you because they are using their mobile phone, this is an example of negligence because the driver should have been paying attention to the road instead of using their phone.
Similarly, if the driver who hit you was speeding, this could also be considered negligence. This is because drivers are expected to drive at a safe speed and to take action to avoid collisions.
If you can prove that the other driver's negligence caused your injuries, you may be able to recover compensation for medical bills, lost wages, pain and suffering, and more.
Fault in a Rear-End Collision
While fault in a rear-end car accident is typically attributed to the driver who hit the car in front of them, there are some exceptions. For instance, if the driver in front of you suddenly stopped without warning, this could be considered negligent behavior. In this case, both drivers may be held liable for the accident.
Louisiana operates under a comparative negligence system. This means that if you are found to be even partially at fault for an accident, you may have your damages reduced by your percentage of fault.
For example, let's say you are rear-ended by another driver while stopped at a red light. The other driver claims you were partly at fault because you were not completely stopped when the light turned red. The police report shows you were indeed moving when the light turned red. Under Louisiana's comparative negligence laws, you may be found to be 20% at fault for the accident. This means that you can only recover 80% of your damages from the other driver.
It's important to note that Louisiana has a "pure" comparative negligence law. This means that even if you are found to be 99% at fault for an accident, you can still recover damages from the other driver. However, your damages will be reduced by your percentage of fault.
We’re Here to Help Injured Car Accident Victims
If you've been involved in a rear-end car accident, contact an experienced personal injury attorney today to discuss your case and learn more about your legal options.
Call our firm today at (504) 470-3935 or fill out the online contact form to discuss the details of your case and learn how we can help.