Legal defenses to absolve blame from drivers in the rear who are involved in car accidents

Posted on: 17 June 2016

Being involved in car accident can be a scary, but when you're the driver of a motor vehicle that rammed into another from the rear, it may be particularly distressing. Conventional wisdom dictates that the driver at the rear is always responsible, and more often than not, this will be true. However, there are a few exceptions. With the legal representation of a motor vehicle accident attorney, drivers can legally challenge this conventional wisdom in court.

Conventional wisdom

Typically, car accidents are often investigated from the perspective of who was the most able to prevent the accident? Given that the car to the rear of another is capable of maintaining a lengthier following distance, can observe clearly whatever that's happening ahead, and in most cases, should have sufficient time to notice any concerns ahead, the driver of the car following another is normally the one most able to avoid the accident.

Legal defenses

By hiring an experienced motor vehicle accident lawyer, you can put up a legal defense against this conventional wisdom. To begin with, what ensues in the scenario of a car that is rammed into by another driver who puts their car into reverse? For instance, a driver pulls out too far into the junction at a red light and resolves they should back up to prevent cross-traffic. However, the driver fails to take notice of other cars that have pulled in behind his or her car. While reversing, the drivers rams into another car. Should the car he or she reversed into be liable for the mishap? Absolutely no. This is because that car had no means to stop the accident and at the same time had no role in causing it. Therefore, this is an example in which a motorist wouldn't be at fault for rear-ending another car.

Another legal defense is shared responsibility of liability between two drivers. For instance, if the mishap would have been prevented except that the lead motorist slammed on the brakes or opted for an erratic trick, then the accident can be a shared responsibility. Equally, if smoke, fog, or other climatic conditions made visibility almost impossible, to an extent that a motorist using practical caution under the conditions is still incapable of avoiding rear-ending another car, there can be some vindication of liability.

In truth, the majority of cases the car that's in the rear is often at fault. Therefore, if you have caused a mishap by rear-ending another car, consider the legal assistance of a motor vehicle accident lawyer immediately. Your lawyer will look through the facts of the mishap, determine who's mainly at fault, and whether there's any joint liability. Additionally, your lawyer may also shift liability to other parties, for instance, if the mishap was as a result of a defective part, the manufacturer may be partially or entirely responsible.