Speak to a Torrance Car Accident Lawyer
Car accidents can occur due to several different reasons and in a variety of ways. Whether it is a fender bender, head-on collision, t-bone accident, the situations are endless. A very common type of accident that occurs is a rear-end accident. In addition, there is a widely known presumption that rear-end accidents are always the fault of the driver who rear-ended the vehicle in front. However, this is not always the case. In this article, you will learn why this is not always the case and the circumstances in which the driver that hit the vehicle in from of him or her may not always be held at fault.
When it comes to car accidents, negligence is something that is always a concern, as it is when someone does not practice an established standard of care. For instance, you are considered to be negligent if you do not act as a reasonable person would or would not have done under certain circumstances that led to the accident. In order for you to prove that the driver was careless in a car accident, you must be able to prove that a duty existed.
To do so, it is fairly simple because all drivers owe one another a duty of care when driving a vehicle anyway. Additionally, you must be able to prove that the other driver breached their duty. In order for a driver to breach their duty of reasonable care, they must have done one or more of the following:
- Failed to pay attention to the road and did not look for hazards
- Failed to stop within a reasonable time
- Failed to drive at a reasonable speed
- Failed to maintain control of the vehicle
- Failed to yield the right of way
- Failed to use turn signals
- Failed to follow at a safe distance
Additionally, you must prove that the driver’s breach of duty caused the accident to happen. Lastly, you have to establish that you were injured and there was damage done to your vehicle due to the accident.
When it comes to establishing who was at fault in a rear-end accident, most times, the driver that read-ends the vehicle in front of it will almost always be held at least partially responsible. This is because every driver has a duty to follow other vehicles at a safe speed and at a safe distance. However, people should know that it is possible for the driver who gets rear-ended to be held negligent too. For example, the driver who gets rear-ended can be held responsible for the following scenarios:
- The driver reverses suddenly
- The driver stops to make a turn and fails to perform the turn
- The driver’s brake lights do not work
- The driver’s car becomes disables and does not pull over and turn on the hazard lights
These examples would likely be considered negligent, therefore, the driver who was rear-ended may be held negligent for the car accident. In addition, it also depends on the particular state you are in, as every state treats accident situations differently if more than one party is held at fault. If you were involved in a rear-end accident and you believe that the other driver was negligent, then you may be entitled to compensation for your injuries and property damages. Additionally, car accidents can lead to pain and suffering, lost wages, extensive medical bills, and so much more. If you were not at fault for an accident, then you should not have to pay out of pocket for someone else’s wrongdoing.
At Molchan Law, we are experienced auto accident lawyers in Torrance who can explain to you the rules of the road and the laws that apply. We will do whatever it takes to make sure that you are protected. In addition, we will gather any and all evidence needed to prove that the other party was negligent. If you are searching for the best car accident attorney in Torrance, we can help you every step of the way, as the legal process is very confusing if you are not an experienced attorney. To speak to a reputable personal injury attorney in Torrance, feel free to give us a call any time for a free consultation.