There are approximately 1.7 million rear-end accidents in the States annually. The front driver is often absolved from the blame. However, the rear driver isn’t always at fault.
Understanding the law in rear accidents helps you identify who's at fault in a rear-end accident in NJ and follow the right compensation procedure.
Learn about rear-ended accidents to help you identify the guilty party in your accident.
Common Causes of Rear-End Collisions in New Jersey
The most common cause of rear-end collisions in New Jersey is distracted driving. You'll likely hit another driver when you follow other vehicles closely and aren't keen on the other motorists' activities.
Other causes include:
- Drunk or fatigued driving
- Aggressive driving
- Poor weather conditions
- Following vehicles too closely
- Texting while driving
The nature of the accident dictates the guilty party in the accident. For example, if you are texting or using your phone, causing a rear-end accident, you'll be charged for the accident. In addition, you'll have to cater for the medical and physical compensation based on your vehicle's insurance terms.
Exceptions in Rear-end Accidents
A lawyer will help you understand the fault and guide you through the claims process, especially if you were the rear driver but don't believe it's your fault. Take a look at these exceptions in rear-end accidents:
- If the driver reverses the vehicle suddenly and abruptly
- When the driver stops suddenly because of a distraction or when they stop intentionally
- When the driver has a mechanical failure but doesn't use the hazard signs
- When the vehicle's brake light doesn't work, thus not indicating braking to the drivers behind you
- If you are drunk or distracted hence can't maneuver steadily while on the road
- If the driver changes lanes without signaling
- If the driver backs out of a parking space without considering other motorists
Calling a lawyer in such incidences helps you establish fault in the accident to guide you through the claims and compensation process. You don't need to burden yourself with the legal process or the complicated liabilities in these accidents. Instead, have your personal lawyer handle the claims process, especially if you believe you aren't at fault.
The Law on Rear-End Collisions
The law on rear-end collisions usually faults the driver at the back. However, in the mentioned situations, a lawyer can prove innocence if they find proof.
If the lead driver sustains injuries during a rear-end accident, the hind driver must give medical compensation. The compensation could include lost income because of the accident.
The lead driver's argument usually is that the hind driver didn't keep the required distance of at least one vehicle between them to deny liability. But you still have to prove negligence on the hind driver's part to prove their fault in the accident.
Consulting a lawyer to examine the accident and give possible case arguments will help you steer clear of the physical and medical liability.
Who's at Fault?
In most rear-end accidents, the hind driver is usually at fault because they didn't keep the required distance and had a clear view of the road.
Isolated situations can prove the lead driver was negligent, leading to the driver taking the fault in the accident.
You can establish this through witness testimony, a deposition through the litigation process, or a police report. If these testimonials confirm the back driver's fault, they must foot the financial compensation to the lead driver.
Other unique situations that could point to other conclusions include:
- When you get rear-ended and then hit the car in front of you - This situation could hold you partially accountable if the investigations point to a preventable accident
- When you have faulty mechanical signals or poor road conditions, your lawyer could place the liability on one or more parties causing the situation.
Who'll Compensate the Injured Party?
New Jersey's no fault insurance system means that your own PIP insurance will be the primary insurer. However, that doesn't mean seeking fair compensation is a simple or easy process. A New Jersey car accident lawyer helps you identify and fast-track the claims process in these accidents. They will look into the witness statements, police reports, and other depositions to align your compensation from the guilty party.
What Should You Do When You Get Rear-ended?
When you get rear-ended, whether it's your fault or a third party's fault, you must follow the following steps:
- Ensure you collect proof and evidence of the liable party in the accident.
- Call your lawyer to discuss the case, witness statements, and other types of evidence before filing your claims.
- Ensure you keep the recommended distance between your vehicle and the next to prevent these accidents.
Most people believe that the person who’s at fault in a rear-end accident in NJ is the driver who hit the rear of the other car. However, isolated situations where you can prove negligence in the lead driver could make them liable for compensation. If you understand this information, you'll know who's at fault in your rear-end accident in NJ.
Brandon J. Broderick, Rear-End Collision Lawyer
There is no law requiring you to have a lawyer when filing a claim after an accident. However, working with experienced personal injury attorneys can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation. With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback.