In most rear-end crashes, the person driving the car that rear-ended another car is at fault for the crash. Common causes of rear-end collisions include:
- Distracted driving
- Following too closely for conditions
- Impaired driving
- Aggressive driving
- Road rage
Even though many rear-end crashes are considered the fault of the driver in the rear of the accident, this is not always the case. It is always in your best interest to consult with a New Orleans car accident attorney. An attorney can help you determine who is at fault for the crash to establish liability for damages. You do not want to be held accountable for something that was not your fault.
Fault in Rear-End Crashes
In addition to driver error, there could be other factors involved in a rear-end accident. Road hazards could play a role in determining fault for a crash. If you hit a pothole or debris from a road construction site, lose control of your vehicle and crash into the rear of another vehicle, the road conditions could be part of the blame for the crash. If a city, county, or state agency is responsible for the road condition, that government entity could be held accountable.
Another factor could be a defective part. If the brakes on your vehicle are defective and fail to engage, you could run into the back of a car. Likewise, if the accelerator sticks or a defective tire blows out, it could cause an accident. In this case, the manufacturer of the car or defective part could be held liable for damages caused by the crash.
Louisiana’s Comparative Fault and Rear-End Crashes
In some cases, both drivers could be at fault for the rear-end collision. Louisiana’s comparative fault laws allow juries to look at the circumstances of the accident and assign fault to more than one party. For example, if the driver of the vehicle in front was texting while driving and slammed on brakes, that driver could be held partially responsible for the wreck. The driver in the rear may have been following too closely and was unable to stop, but the other driver could be held partially at fault for texting.
If a jury assigns the driver in the front a percentage of fault, the driver in the rear could potentially recover some compensation for his or her damages. In a case where damages are substantial, recovering some compensation is better than paying all damages yourself.
Contact a New Orleans Car Accident Attorney
Proving fault in car accidents can be complicated. Because of the state’s comparative fault laws, your compensation could be drastically reduced if the insurance company for the other driver can prove that you contributed to the cause of the crash. You need an experienced NoLA car accident attorney to fight for your right to recover 100 percent of your damages from the car wreck.
Call Attorney Fred Olinde of The Olinde Firm to request a free appointment and no-obligation case evaluation. Contact our office at (504) 587-1440 or 1-800-587-1889 to speak with a New Orleans car accident attorney or to get more information about car accident claims in New Orleans.