What Causes A New Orleans Rear-End Collision?
There are many causes for rear-end collisions including, but not limited to:
- Tailgating
- Aggressive Driving
- Distracted Driving
- Driving While Impaired by Drugs or Alcohol
- Weather Conditions
- Speeding and/or Reckless Driving
- Driving While Drowsy
- Vehicle Defects
A rear-end collision occurs when the vehicle in the rear fails to take evasive action before colliding with the vehicle in front. Whiplash is one of the most common injuries sustained in a rear-end collision. Even though many people consider whiplash a minor injury, whiplash can result in debilitating pain and severe restriction of motion that can prevent the accident victim from performing normal daily tasks.
In addition to whiplash, common injuries in rear-end collisions include:
- Head and neck injuries including traumatic brain injuries (TBI)
- Back and spinal cord injuries
- Broken bones
- Lacerations
- Internal bleeding and other internal injuries
- Facial injuries
Because the damages in a Near Orleans rear-end collision can be substantial, it is important that you prove fault. The only way you can recover compensation for your damages is to prove fault on the part of the other driver. However, do not assume that the rear driver will always be at fault for a rear end collision.
Who is at Fault For a New Orleans Rear-End Collision?
In a rear-end collision, the rear driver is presumed to be at fault for the collision. However, the driver can overcome this presumption if he can prove the following elements to the court:
- The driver had control of the vehicle prior to the collision;
- The driver was watching the vehicle in front of him closely prior to the collision;
- The driver maintained a safe distance from the vehicle in front of him; and,
- The driver of the vehicle in front created a hazard that could not be avoided by the rear driver.
While it may be difficult to overcome the presumption that a rear driver is at fault for a rear-end collision, it is not impossible. For example, if the driver in front was texting at the time of the collision and the attorney for the rear driver can prove this with cell phone statements, the driver in the front may be held liable or partially liable for the collision.
It is important in a rear-end collision to hire an experienced NoLA car accident attorney. If the other driver can prove that you were at fault or even partially at fault, your compensation can be reduced by the percentage of fault assigned to you under Louisiana’s comparative negligence law. A skilled accident attorney understands how to use the evidence from a thorough accident investigation to prove that the rear driver was at fault for your accident.
Hire An Experienced NoLA Car Accident Attorney
If you have been injured in a New Orleans rear-end collision, our attorneys can help you fight to recover compensation for your damages. We offer a free case evaluation so you can get the information you need to make an informed decision how to handle your injury claim.
Call The Olinde Firm at (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation with a New Orleans personal injury attorney.