Of all the different types of accidents on the roads, rear-end collisions are some of the most common. Ohio sees approximately 80,000 rear-end accidents every year, according to the Ohio Department of Public Safety. Approximately 60 will end in fatality and another 20,000 in serious injury.
If you have been involved in a rear-end collision, you may be entitled to receive compensation for your medical bills, pain and suffering, and more. Before filing your claim, though, you must determine who is liable for the crash. Below, our Columbus car accident lawyer breaks down how to do this.
Who is At Fault for a Rear-End Accident?
State law addresses rear-end collisions. Under the Ohio Revised Code, all motorists must travel at a speed that will allow them to fully stop their vehicle within the assured clear distance ahead.
This means that if you were the lead driver and you were hit from behind, it is presumed that you are not at fault and that the rear driver is to blame for the crash. Nevertheless, you still have to prove your case and show that the rear driver was negligent. Negligent acts such as texting while driving, speeding, fatigued driving, and driving under the influence of alcohol or drugs can help prove the rear driver’s liability.
On the other hand, if you were the rear driver and struck a vehicle in front of you, it can make it more difficult to obtain compensation, though not impossible.
When is the Rear Driver Not Liable for a Crash?
If you struck a vehicle that was in front of you, it does not mean you are automatically liable for the accident. There are times when rear drivers are not to blame for a crash:
- Unsafe lane changes made by other drivers
- Pileups
- A sudden reverse or abrupt stop by the lead driver
- Malfunctioning brake lights on the lead driver’s vehicle
- The lead driver’s vehicle broke down and they did not engage warning lights or pull over safely
- The lead driver was under the influence of alcohol or drugs
Comparative Fault and Rear-End Collisions
There are situations when both the rear and lead driver contributed to an accident. For example, the lead driver may not have properly working brake lights, but the rear driver may have been speeding and following too closely. In these cases, injured individuals can file a claim for compensation, but it must be found that they are less than 50 percent at fault for the accident.
Our Car Accident Lawyer in Dublin Can Help After a Rear-End Collision
Regardless of your position in a crash, if you have been hurt in a rear-end collision, you will benefit from advice from a Dublin car accident lawyer. At Oliver Law Office, our experienced attorneys know how to prove liability in these cases and will help you claim the full settlement you deserve. Call or text us now at 614-220-9100 or chat with us online to schedule a review of your case.
Sources:
codes.ohio.gov/ohio-revised-code/section-4511.21
publicsafety.ohio.gov/
