Did You Rear-End Someone? Defenses An Attorney May Be Able To Raise
One of the most common misconceptions about auto accidents is that you are automatically at fault if you rear-end another driver. While typically you are at fault if you hit another driver from behind, this is not always the case. If you have rear-ended another driver and they are suing you for causing the accident and for injuring them, you may want to hire a personal injury defense attorney like those at Katz Nowinski PC. This type of attorney may be able to raise defenses that can help to show that the accident is not your fault and that you should not be held responsible for the other party's injuries. Here are a few of the most common defenses for rear ending another driver.
The Driver Cut You Off
If you rear-end another driver, one of the defenses that may be used is that the other driver cut you off. In some cases, a driver may unexpectedly cut into your lane without any warning. If this occurs, you may slam on your brakes to avoid hitting them, but without proper distance between your car and theirs, you can still slide into their car. If another driver is changing lanes, it is their responsibility to signal and ensure there is enough space for their car to complete the lane change. If they do not do this, they may be responsible for the accident.
The Driver Stopped Suddenly
Another defense to rear-ending someone is that the driver slammed on their brakes suddenly and unexpectedly. It is your responsibility to maintain enough distance between your car and the one in front of you and to be aware of your surroundings. But it is also the other driver's responsibility to follow traffic laws. If they hit their brakes and stop for a reason that isn't legal, and you hit them, they are likely to be at fault.
The Driver's Taillights Weren't Working
The last defense to rear-ending another driver is that their taillights and brake lights were not working. If their brake lights and taillights are not working, you may not be able to tell that they are braking. They have to keep their car in operable condition. If they fail to do so, you may not be held accountable for the accident.
Proving that you were not at fault as the driver who rear-ended someone else can be challenging. This is where a personal injury defense attorney can be beneficial. They can talk to witnesses and obtain video footage from businesses or traffic cameras that may have been rolling to help show that the driver may have done one of the three things listed above. If the attorney can prove that you were not at fault, the other driver is responsible for their own injuries.