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Who is At Fault in a Rear-End Car Accident?

Writing Notes

You know the feeling—you’re driving down I-95 on your way home from a long day’s work when suddenly you feel yourself lurch forward as if you just experienced an earthquake. In the event of a rear-end collision, there is a legal presumption to blame the driver that hit the vehicle in front of them. In many instances, a rear-end collision occurs when a driver is distracted and driving too close to the front vehicle. When the legal presumption is on the rear-ending offender, the burden of proof is on them; normally a plaintiff/victim has the burden to prove a defendant’s negligence. It is up to the defendant to show whether any of their potential negligence caused the accident.

Overcoming the presumption can be difficult, but it is not impossible. For instance, in a multi-car pile up, a set of rear-end drivers may not be at fault if it was the cause of an overall negligent driver who started the pile-up in the first place. Another instance may be due to a mechanical failure within the vehicle that prevented the at-fault driver from stopping properly (i.e. faulty breaks). Even the victim could be at fault if the vehicle in front swerved in front of the rear driver, cutting the rear driver off and suddenly slowing down.

Whether your accident was caused by a distracted driver who rear-ended you or a multi-car pile-up, the extent of your recovery will often depend on the specific details of your case. At KI Legal, our dedicated personal injury lawyers will help you obtain your rightful compensation. Regardless of the nature of the accident, your injuries entitle you to compensation for pain and suffering, medical expenses, and present and future lost wages, if someone’s negligence caused your injuries. We are here to help. 



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team

KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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