There are many mitigating factors that can disprove the theory that the car in back is always at fault in a rear end collision. A car accident lawyer can help.
There is a rule while driving that is referred to as the ACDA rule, or assured clear distance ahead. Careful drivers know to give themselves ample space from the car in front of them and follow the 3 second rule. There should always be at least 3 seconds between you and the car ahead, or more if bad road conditions exist, such as ice. This should ensure plenty of time to stop if the car in front of you were to brake suddenly.
There are instances though where the lead car could be found at fault. For example they may weave suddenly into your lane on a highway, or enter a road directly in front of you without first checking to make sure there is ample space. In cases such as this the driver of the trailing car should seek the advice of a Missouri car accident attorney. They would better be able to help you determine who is truly at fault.
Other factors to consider when trying to assign blame in these cases are obscured vision that may be caused by darkness or fog, being tired or ill while driving, or taking certain medications. Brake pads that have not been changed recently, driving a car that you are unfamiliar with, speeding, or being distracted are also common factors in rear end collisions. All of these possibilities will be explored in a rear end collision case. That is why it is important to let your Missouri car accident attorney know of any mitigating factors when you present your case to him.
Who Is at Fault?
This past August in the western district of the Missouri Court of Appeals a verdict was upheld that favored the trailing vehicle in a rear end collision case. The verdict was based on the defendants’ admission to hitting the lead vehicle, but that the circumstances did not allow for any other course of action. As the driver topped the hill she was unable to see that the car in front of her stopped, nor was there any way for her to know that there would be stopped vehicles at the bottom of the hill since there were no stop signs or signals on the two lane road. All possible means of avoiding the accident were quickly disproved by the plaintiffs attorney. An oncoming car and no shoulder did not allow for the trailing car to veer out of the way. State trooper testimony stated that the hill was an obstruction to the drivers’ line of sight and that skid marks prove that she did indeed step on the brake as soon as she crested the hill and was able to see the cars stopped in front of her.
Missouri Rear End Collision Attorney
In this instance the jury ruled in favor of the defendant in a rear end collision and even though the plaintiff appealed, the Court agreed with the original verdict. This is a compelling case and only goes to prove that if you are involved in a rear-end collision it is imperative that you seek the advice of a Missouri car accident attorney. There are many mitigating factors that can disprove the theory that the car in back is always at fault.
To schedule a free and private consultation with a Missouri car accident lawyer at The Hoffmann Law Firm, L.L.C. call us at (314) 361-4242 or fill out our online contact form.
Rear End Collision Car Accident Resources
Avoid a Rear-End Collision While Waiting for a Tow Truck
Four Ways to Avoid St. Louis Rear-End Car Accidents
Leading Cause of Rear-End Collisions – St. Louis Auto Accident Attorney
Rear End Collisions on Highway Exit Ramps
Rear-End Collision Every 8 Seconds – Automobile Wreck Attorneys
Rear-Ended in Rush Hour Traffic
St. Louis Rear End Collision Attorney – Car Accident Lawyer
St. Louis Rear-End Collisions – Who Is At Fault?
Suffering Severe Injuries from a Rear-End Collision
Who Is at Fault in a Rear End Collision?
Why Are Rear End Car Accidents so Common in Missouri?
photo credit: Daniel Milford Flathagen