Rear-end collisions are among the most common types of auto accidents, accounting for about 25 to 30 percent of all crashes annually. It’s a widely held belief that the driver who hits a car from behind is always the one at fault. In fact, though, there are many cases in which the fault is shared. The sharing of fault is important to the ability of each driver to recover compensation for the injuries they may have suffered.
When the driver behind is at fault, it’s usually related to following too closely and not being able to stop soon enough if the vehicle in front abruptly comes to a halt. Connecticut law provides, “no person operating a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the highway and weather conditions.” A driver who was following at a “reasonable and prudent” distance arguably should have been able to stop in time to avoid the collision.
There are situations, however, where the driver of the car in front could be deemed at least partially at fault. For example, the leading driver could contribute to a rear-end accident by:
Making sudden or unsignaled lane changes
“Brake checking,” which means pumping the brakes to get the trailing driver to slow down
Operating a vehicle without functional taillights or brake lights
Merging into traffic and then not maintaining proper speed
Stopping the middle of traffic
Unnecessarily putting the car into reverse
The sharing of fault becomes even more complex in “accordion crashes,” in which multiple vehicles collide in sequence, each hitting the one in front of them. Poor road conditions, including those caused by weather, can also affect the fault analysis.
In Connecticut, you can obtain partial compensation for your injuries in rear-end collision as long as you were not more than 50 percent responsible. As in other auto accident scenarios, insurance claims adjusters try to minimize the amount of money they pay out for damage caused by rear-end collisions. If you were the trailing driver trying to prove that the leading driver was at fault, you will need to gather strong evidence, because adjusters apply the presumption that rear-end collisions are caused by following too closely. Ways to overcome that presumption include obtaining video evidence from traffic cameras, your own cellphone camera or witness statements. Avoid talking to another driver’s insurance representative until you’ve discussed the situation with a Connecticut auto accident lawyer.
Gesmonde, Pietrosimone & Sgrignari, L.L.C., with offices in Hamden and East Haven, represents people injured in rear-end accidents throughout Connecticut. To talk to one of our experienced attorneys about your crash, please call 203-745-0942 or contact us online anytime.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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