So, if you have been involved in a rear-end accident, and you were in the car in the back, and you believe that you weren’t at fault for the accident, then you certainly would want to know your options and the best possible next steps that you should be taking.
The thing is that there are a few situations where being last in an accident may not necessarily make you at fault.
Keep reading.
Yes – You Can Be Innocent in a Rear-End Car Accident
Accidents can happen anytime and anywhere. A lot of these accidents involve getting rear ended when stopped or rear-end collisions, and people can be in a car that was in the back. Now, these people think that despite the fact that they rear-ended another car, they still weren’t at fault for the accident.
Such a scenario raises the question of whether you can be the last car in an accident that rear-ended another car and still not be at fault. The answer is: Yes, you can actually be the last car but still not be at fault for the accident.
The truth is that there can be certain situations where you may rear-end somebody and you are not at fault. However, you will need a good lawyer who specifically deals with rear-end collisions, and they can prove that you are innocent.
It is important to mention here that there is a standard in negligence cases, which is what these auto accidents are. Of course, you have the pressure of proving that the other party was negligent or breached their responsibility of care and their obligation to drive their car safely – or – whatever that might be.
Now you know that this is the standard that you have to get over in every personal injury accident.
You Got Cut Off By Another Driver
Generally, in rear-end cases, you can argue forever that you haven’t been at fault for the accident. You can argue forever with the police officer or with the insurance adjuster, and it is actually going to be super-difficult to demonstrate that you were not the at-fault party or the driver who breached their duty of care by rear-ending the person in front of you.
Nonetheless, the important thing is that there are some situations where you can win these cases. For instance, one of the main cases where the party who rear-ended somebody is not at fault for the accident, when that party got cut off by another driver.
So, if you have rear-ended only because you were cut off by another driver who consciously breached their duty of care, then this is a scenario where you are certainly not at fault for the accident, and with the help of a professional attorney, you can prove this to the insurance company and in court.
Now, you don’t necessarily have to be a car driver rear-ending another car. You could also be a motorcycle rider who has been driving on the street on an inside lane, and suddenly, a car pulled out of a gas station, and you might have ended up rear-ending that car.
Your lawyer will work closely with you and look for witnesses or surveillance cameras that can provide evidence regarding what exactly happened. So, with the help of a lawyer, you will be able to demonstrate that the car that pulled out of nowhere in front of your car is the party that has been negligent and not you.
The Car in the Front Braked for No Reason
You might also not be at fault for rear-ending someone when the car in front of you hit the brakes suddenly for no reason. Now, if you have been in such a situation, you should know that lawyers hear about such a situation all the time.
The problem with this situation is that you might not think that there was a reason for the car in front of you to hit its brakes suddenly – but – more often than not, the car in front of you probably thought there was a reason. Perhaps there was a pedestrian that they saw, but you couldn’t see as you were behind their vehicle.
Now, if you find yourself in such a situation, you need a witness. The thing is that if you don’t have a witness who can demonstrate that the car in front of you was the one that was actually negligent and not you – there is a higher chance for you to lose this case.
If the car has stopped for no reason and you don’t have a witness to testify about this, then you have no reason to fight with the insurance company. Your lawyer might also see it as futile to take the case for litigation and litigate it for two years or more.
The Other Car Backed Up Into Your Vehicle
Another potential example that proves that you are not at fault for rear-ending another vehicle is a situation where you are stationary in a spotlight, and the car in front of you might have backed up into you. Now, in this situation, you might not know whether the car backing up was doing so to make a left or right turn or whatever it might be.
But – in the mentioned situation, you can take evidence from the front camera of your vehicle, or you might find a witness who can then verify that the car in front of your vehicle is backed up into your car. In this case, you are not at fault for the car accident.
In other words, you did not do anything wrong as you have been stationary, and as a result, the car in front of you was the one that was negligent as opposed to you being negligent.
The Takeaway
To prove that you haven’t been at fault for a rear-end accident, you need to hire a good lawyer who has dealt with such cases before. Let your lawyer know about the situation as soon as possible so that your lawyer and their team can start collecting the evidence to prove your innocence in court.
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