If Someone Slams on their Brakes and You Hit them is it Your Fault
Updated: Feb 23, 2022
If someone slammed on their brakes and you hit them, is it your fault? Some believe that it is the rear driver that is always at fault, but it depends on the situation. But, if you want to know more about it, we suggest to keep on reading.
Imagine you’re driving down the road going the speed limit and focusing on your business, and then in an instant, the vehicle in your front slams on their brakes, which gives you no time to respond.
Collisions and rear end accidents are too common. As a matter of fact, a report coming from National Transportation Safety Board shows that 28 percent of auto rear end collisions are in this classification. A full 50 percent of auto mishaps are rear end collisions or accidents.
Rear end collisions are most often not minor fender benders. Unluckily, this leads to the death of many drivers yearly.
Who is Responsible or at-Fault in Rear End Collisions
While you may consider that an accident must be the fault of the lead or rear driver for recklessly slammed on their brakes and almost 100 percent of rear end collisions, the rear driver involved is found out to be responsible or at fault in a rear end collision.
Each motorist or driver is accountable for maintaining a safe distance or keeping enough space between themselves and the car in front of them.
A safe space is defined as enough distance to securely stop the car, even without warning or using brake lights. The safe distance differs based on the speed and the conditions of the weather at that time.
Keeping an entire auto length back if the speed limit is 30mph and the road is dry is acceptable- drivers driving at seventy miles per hour in the storm or heavy rain will need a considerably longer space between cars to be regarded as a safe distance. Maintaining a safe distance is highly advisable.
Each driver should practice proper safe distance to avoid car accidents and personal injury.
Despite how unpredictably the driver or car in front of you slammed on their brakes, it is your liability as a driver not to hit him. As a matter of fact, the driver in front is responding to something in front of him.
Read end car accidents are due to the inattentiveness of the rear driver, unsafe following speeds, not practicing, not leaving enough space, distracted driving, and the driver not paying attention to oncoming traffic.
Vehicle Insurance Companies Response to Rear Ends Collisions
There are many no-fault states, which means that every vehicle or car insurance company will fund covered damages due to a rear end accident or many forms of vehicle accidents. However, once the front driver's injuries or damage exceed the coverage limits, they can sue the motorist who causes the accident.
What To Do After Mishaps
After each rear end collision or accident, the driver must stay on the scene, exchange insurance information, and then wait for the police. A police officer will make an assessment and interview the people involved to make a full report.
Also, they will check if there is a person injured. Still, insurance experts admit that the driver's insurance fund the motorist’s injuries and damages with no questions asked in these cases.
If it is likely that the front driver was engaging in reckless or negligent action, it is tough to prove that the rear ended driver was still not responsible or at fault for the car accident.
Could You Sue the Front Driver When You Rear Ended Him?
What if the driver behind or in your front has broken down brake lights? Or maybe he was stopped on the highway without warning it caused the accident? Or he is negligent in driving and not using warning brakes lights, could you sue him?
If you are involved in a traffic accident involving a rear end collision, and you are the rear driver, you might think that you have the right to sue another driver who is at fault for reckless driving. If you believe the conditions are extenuating, make sure to call or speak to the law enforcer and get a copy of the report to know who is liable.
You could keep in touch with a personal injury attorney who can assist you to figure out if there’s a valid reason for you to sue the driver at fault.
On the other hand, always remember that there are conditions that would see you win that case. Is there a case when another vehicle driver or rear driver is responsible? Perhaps, but it’s hard to dispute your personal liability away.
It is vital to talk to a lawyer if you have concerns or think your case in rear end collision or accident is valid. A personal lawyer has experience with cases related to a vehicle accident and rear end collision and can provide you with sound advice on whether you must proceed.
Is the Rear Ending Driver Always Liable or At Fault of Rear End Collision?
The rear driver will be regarded as negligent or at fault in a rear end car accident. However, in some cases, if the car's driver in front will be held liable or accountable.
If any of the following examples apply to the car in front, the driver can be held liable or blame at fault in a rear end accident:
Another car driver suddenly reversed and, without a sign at a traffic light or stop sign caused an accident.
The lead brakes light on the car was malfunctioning or not working properly
The driver suddenly stopped or without a sign to make a turn. However, it ended up not turning
The driver or drivers suddenly stopped in the mid of the highway due to vehicle or car damage and did not give any warning or fail to use hazard light and pullover
The driver or drivers suddenly pulled out into traffic, not giving space for the vehicle behind to respond to the existence of his car
In these instances, there’s a possibility that the driver's o was driving the vehicles or vehicle your rear end will be held liable or accountable. On the other hand, it is vital to remember that many of these conditions can be so hard to prove in the law of court. So, in this case, you need to be, know your liability and always be watchful, and drive safely.
How to Keep Away from Rear End Collisions
Are you driving often and want to know how to drive safely to keep away from rear-end collisions? If so, then a good way to avoid it is always make sure you’re driving safely, be reasonable enough, and apply the duty of care. It would be best if you also were watchful of your speed. Not leaving enough space for vehicles behind can lead to an accident.
Pay attention to the lead car, and in case someone suddenly hit or slammed your car and caused a traffic accident, don't panic. Instead, do the right thing. If there is an injury involved, call a personal injury lawyer for a possible Des Moines auto accident claim.
Be A sensible Driver
You also need to practice reasonable driving and ensure that you practice a safe space or distance between you and the driver's or vehicle in front.
You also need to keep an eye on the highway, be aware of vehicles or the vehicle in front or lead of you, avoid using cellphones, pay attention to brakes and keep away from eating while driving. It is also advisable to always be ready to react.
Do you have concerns regarding rear end collisions, or are you thinking of changing your car insurance companies? If you are a driver involved in an accident with another vehicle, call the nearest insurance service provider to talk about your insurance needs.
Call Personal Injury Lawyer
A personal injury lawyer could help drivers facing rear end collisions find Des Moines injury claims and other laws involving vehicles. But make sure to search for the best one to help you fight for your case and get a reasonable claim. You could search the net to find a reliable lawyer.