Determining fault after a car accident can be an extremely complicated matter, but there are certain scenarios where it is relatively safe to assume that one of the parties at fault caused the accident. One of these situations arises when one car slams into the rear of another car – the presumption in these cases is that the rear driver was following so closely that he or she was unable to stop in time or was so distracted that he or she was unaware of the vehicle in front.
While this presumption may be true most of the time, it is not always the case that the rear driver is at-fault for a rear-end accident. There are several situations in which the negligence of the lead driver could cause a trailing vehicle to crash into his or her vehicle. Some of the more common include the following:
- The driver of the front vehicle was driving a vehicle with broken or inoperative tail or brake lights
- The driver of the lead vehicle switched lanes suddenly without warning
- The vehicle in front was in reverse rather than drive at a stoplight or stop sign and accelerated into the rear vehicle
- A driver suddenly turns onto the street in front of you with insufficient speed, causing you to hit the back of their vehicle
How can a Lawyer Help?
It is important for accident victims to understand that if the police arrive at the scene of a rear-end collision, any report they generate is likely to indicate that the driver of the rear vehicle is at fault. The police do not have the final say regarding fault, however, and are not trained in determining legal negligence the way that an attorney is. Furthermore, neither insurance companies nor courts are bound by the opinion of law enforcement, so it is advisable to always have a car accident attorney in Albuquerque review your case. A lawyer will thoroughly review the facts of your case and determine whether there is any evidence that the front driver was at fault for your accident. If there is, he or she may file a counterclaim on your behalf in order to recover for your damages.
Call a Car Accident Attorney in Albuquerque Today to Schedule a Free Case Evaluation
If you have rear-ended another vehicle while driving, do not simply assume that the accident was entirely your fault. As indicated above, there are several scenarios in which the driver of the vehicle that was struck from behind could be at fault for a rear-end collision. To schedule a free consultation with New Mexico lawyer Salim A. Khayoumi, call our office today at 505-333-8613 or send us an email through our online contact form.