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Who Is at Fault in a Rear End Accident?

By Steve Charpentier on April 01, 2013

It is a common misconception that most car accident cases are relatively simple. If one car collides into another, fault should be somewhat easy to ascertain, right? In reality, auto accident cases are often among the most complex, requiring careful investigation and accident reconstruction in order to present the strongest case possible. Even cases involving rear end collisions can be deceptively tricky.

At the Charpentier Law Firm, our Melbourne personal injury attorneys have extensive experience handling the full range of auto accident cases, including those resulting from rear end collisions. If you or a member of your family was injured in a rear end accident that was not your fault, whether you were in the front motor vehicle or the back motor vehicle, our personal injury lawyers can help you obtain the compensation to which you were entitled.

Cases in Which the Rear Car Is at Fault

In most cases resulting from rear end collisions, the rear car is at fault. As drivers, we are obligated to maintain a safe distance between our cars and the cars in front of us. Most drivers will remember the three-second rule from the days when they were first learning how to drive. According to this rule, a driver should be able to count to three using the Mississippi counting method (as in one-Mississippi, two-Mississippi) from the moment the front car passes a landmark alongside the road to the moment that drivers car passes the same landmark.

In actual fact, the safe distance to maintain between cars varies according to speed, weather conditions, and other factors. In every case, the rear car should be far enough back to avoid collision if the front car executes a safe brake. As a result, in most cases in which the back car collides with the front car, it is the driver of the rear car that is at fault. In such cases, our Melbourne auto accident attorneys can present the strongest case possible on behalf of the injured victim and his or her family through carefully assembled evidence.

Cases in Which the Front Car Is at Fault

Although many people believe that the rear car is always at fault in a rear end collision, this is not the case. In fact, in many Melbourne rear end accidents, the driver of the front car is primarily or solely at fault for the collision.

For example, if you are driving at a safe speed in a parking lot, and a car exits a parking space in front of you, causing your car to collide into its rear end, the driver of the front car is at fault for the accident. Likewise, if a car backs out of a driveway into your path as you are executing a right turn at an intersection, the driver of the front car is at fault.

In certain cases, the driver of the front car may be at fault if he or she slams on his or her brakes - whether there is intention to cause a collision or not - as long as a witness can testify to the event.

Learn More about Rear End Accident Cases

To schedule an evaluation of your rear end accident case with our personal injury attorneys in Melbourne, please contact the Charpentier Law Firm today.

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