When a driver collides into the back of the vehicle in front of them, they are almost always at-fault for the damages caused to both the vehicle and the people inside. However, there are exceptions to this rule since Indiana is a comparative fault state. This means that the fault of each driver is considered when assigning liability for a car accident. Continue reading to learn more about comparative negligence and rear end accidents in Indiana.
Auto Accident Liability
The reason why comparative negligence law is important is because liability in a car accident is not always clear cut. For instance, if a driver has to pull over on the side of the road but does not do so properly, and as a result, they are hit from behind by a passing vehicle, they would likely share part of the blame, as well as, the costs to cover the damages.
On the other hand, the driver in the front can sometimes be responsible for a rear end accident, relieving the rear driver of any liability. An example of this would be if a driver accidently puts their car in reverse and hits the gas, subsequently colliding into the vehicle behind them. Although traffic laws clearly state that every driver should maintain a safe distance from one another, there are times when this example happens. Other times, the rear driver may share a small part of liability for being too close to the vehicle in front of them.
The laws surrounding comparative negligence and comparative fault are complex, and vary from case to case depending on a wide number of factors. For this reason, it is important to hire an Indianapolis personal injury lawyer to represent your accident claim after being rear-ended in a car collision. They have the knowledge, experience, and resources to effectively navigate your claim and recover the full compensation you deserve.