Background Image Rear-End Accidents: What Victims Need to Know About Fault
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Rear-End Accidents: What Victims Need to Know About Fault

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Read-end accidents are relatively common in Ohio, and they can cause serious injuries. After a rear-end accident, you might face rising medical bills, lost income, and various psychological pressures. As you walk an uncertain road to recovery, you might also struggle to understand who was really to blame for your accident. Rear-end accidents can be surprisingly complex, and it may help to discuss your situation with an experienced Cleveland car accident attorney. What do you need to know about fault after a rear-end accident – and how do you pursue the compensation you need?

How Does Ohio Determine Fault After a Car Accident?

Before diving into the specifics of a rear-end accident, it may help to understand Ohio’s general car crash laws. First, Ohio is an “at-fault” state – which means you must prove negligence in order to recover compensation. In other words, you must prove that someone else is directly to blame for your injuries. If you cannot establish that someone else was at fault for your rear-end accident, it may be impossible to recover any compensation whatsoever.

That said, you do not necessarily need to show that someone else was 100% to blame for your crash. Like many other states, Ohio follows a system of “comparative negligence.” Under this system, you can file a personal injury lawsuit even if you were partially responsible for your crash.

While other states may be “pure” comparative negligence jurisdictions, however, Ohio follows a system of “modified” comparative negligence. This means that if you are more than 50% at fault for your crash, you lose the right to pursue compensation.

After a Rear-End Collision, Who Is at Fault?

When it comes to rear-end accidents, the general rule is simple: The driver at the rear is usually at fault. According to Ohio’s traffic laws, the driver at the rear is responsible for maintaining a safe following distance. They are also responsible for monitoring any changes in traffic up ahead – including lane changes, slowdowns, and so on.

This means that if you strike the rear of another vehicle, you are usually at fault. Conversely, you are usually not at fault after being struck by a vehicle at your rear. Even if you slammed on the brakes suddenly, the driver behind you should be at a safe distance to avoid a collision as long as there was a reasonable basis for you to brake quickly.

Drivers are more likely to cause rear-end accidents after engaging in unsafe, reckless behavior. The obvious example is tailgating, which involves following a vehicle extremely closely in a highly aggressive manner.

Another common cause of rear-end collisions is distraction. When a driver takes their eyes off the road, they may fail to stop or slow down fast enough. Texting and driving has become a particularly dangerous issue in Ohio, and someone who engages in this behavior may lack sufficient reaction times to avoid collisions.

A drunk driver is another common culprit. When someone becomes intoxicated on drugs or alcohol, they may struggle to accurately judge distances between vehicles. Their reflexes may slow down, making it more challenging for them to avoid rear-end collisions. Some substances also cause double vision, hallucinations, and other vision problems.

When Is a Rear-End Accident NOT Your Fault?

While the rear driver is often at fault for a rear-end collision, there are many exceptions to this general rule. Perhaps the most obvious is a sudden, unexpected lane change. If a driver recklessly veers into your lane without signaling, it might be impossible to avoid hitting the rear of their vehicle.

Often, drivers cause rear-end collisions after pulling out of driveways and parking lots. A driver might also fail to yield when turning right at a red light, moving directly into the path of a faster-moving vehicle. When drivers pull into fast-moving traffic in this manner, they may be to blame for rear-end collisions – even if they are the ones being rear-ended.

Another example involves illegally parked vehicles. If you are driving at a relatively high (but legal) speed, it may be impossible to avoid a vehicle parked in the middle of the road. This could be an especially dangerous situation at night, and the driver may have failed to activate their hazard lights.

Even vehicles parked on the side of the road can pose serious hazards. A common issue is a semi-truck parked illegally on the shoulder, especially if part of the trailer juts out into one of the highway lanes. A motorist might strike the rear of the trailer and suffer catastrophic injuries, especially if the semi-truck did not have its hazard lights activated.

Finally, it may be possible to sue local and state authorities for failing to maintain safe road conditions. If these unsafe conditions led directly to your rear-end crash, you may be able to sue local governments and recover compensation. For example, your rear-end collision might have been caused by confusing road signs, dangerous construction zones, or faulty traffic lights.

Ultimately, an experienced accident attorney can gather evidence to help you prove you were not to blame for causing a rear-end collision. This evidence might include dashcam footage, traffic camera footage, cellphone records, eyewitness accounts, and much more. If you rear-ended another vehicle and suffered serious injuries as a result, do not simply assume that you are to blame for your crash.

Can a Car Accident Attorney in Ohio Help After a Rear-End Crash?

A Cleveland car accident attorney may be able to help after a rear-end crash. These legal professionals can help you determine who is at fault for your injuries, and they may gather evidence on your behalf. Even if you think you’re to blame for your crash, it’s worth discussing your situation with a lawyer. Someone else might have contributed to your accident in subtle ways, and you may be able to pursue compensation for your damages. To learn more about your legal options, contact Tittle & Perlmuter today.

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