Who is at Fault if I am Rear-Ended in Baltimore City?
December 21, 2016
Category: Auto Accidents
The most common type of automobile accident in the state of Maryland, and in the United States as a whole, is, unsurprisingly, a rear-end collision. In these cases a driver, for one reason or another, runs into the tail end of the car in front of them. In the vast majority of these cases the driver of the car that does the rear-ending is at fault, but there are some exceptions. Let’s look at some of the considerations the court takes when determining who is at fault in a rear-end collision.
Was the Driver Tailgating?
One of the biggest considerations when determining who was at fault in a rear-end collision is whether or not the driver was tailgating. In these cases, the driver who hit the rear end of the car in front of him/her was driving too closely to the car in front of them and was unable to stop before causing a collision. In the state of Maryland tailgating is not just frowned upon, it is considered aggressive driving and is illegal. Whether the front driver was going at or under the speed limit is not relevant, it is the rear driver’s responsibility to drive accordingly.
Another big consideration when insurance companies and authorities are looking at who is at fault for an accident, is whether or not the driver was distracted when the accident occurred. If the driver of the rear car was texting, talking on the phone, or doing other distracting things, there could be legal implications if the case goes to court or if someone was injured.
What were the Road Conditions Like?
Another thing that is taken into consideration is the road conditions at the time of the accident. While the rear car driver may still technically be at fault, icy road conditions (or similar) that prohibit the driver from stopping will be taken into account in any court proceedings that may arise because of the accident. As far as insurance companies are concerned this information is important when determining how the accident will impact insurance costs, deductibles, and coverage.
Were Other Vehicles Involved?
Another important determining factor is whether or not other vehicles were involved in the accident. Say perhaps a can barrels down the road behind you, rear-ending a car, that then in turn rear-ends you, and then you hit the car in front of you. Are you at fault for hitting the car in front of you when you were literally pushed by another car behind you? This is another thing that is taken into consideration when determining fault. Pile ups complicate the situation and oftentimes it is ruled that the first car to cause an accident is the one at fault.
Whatever the cause of your rear-end accident, we are here to help. If you’ve been involved in a rear-end accident and feel you are not to blame, or you are and need legal counsel, give us a call today!