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Rear-end crashes are more common than other types of accidents, and many drivers assume they are less serious. While rear-end car accidents in Erlanger tend to happen at lower speeds, these collisions can easily cause whiplash, spinal injuries, concussions, and broken bones. If you were rear-ended, an experienced car accident attorney can help you get the compensation you deserve.
Is the Rear Driver Always at Fault in a Rear-End Accident?
In a two-car rear-end crash, the rear driver is usually considered liable. To be legally responsible for a car accident, a driver needs to be negligent, meaning they have a duty to act a certain way and that they injured someone else by failing to do so. Drivers have a duty to follow traffic laws and pay attention to the road. This includes leaving enough space between cars to allow for stopping and changing speed. Rear-end crashes in Erlanger often happen when the rear driver is distracted by a screen or smartphone or is following the front driver too closely. In these cases, the rear driver would be considered negligent.
However, sometimes the rear driver is not at fault, or is not fully at fault. For example, if the front driver stops suddenly without a good reason or changes lanes without leaving the rear driver enough space, they could be fully responsible. There can also be more complex situations, such as chain reaction accidents in which a third car hits the rear car and causes the rear-end collision. Two drivers can also share responsibility for an accident. For example, if the front driver stopped suddenly while the rear driver was distracted, both will probably have some liability.
What Happens if Both Drivers Share Responsibility for a Rear-End Crash in Erlanger?
If you were rear-ended in Erlanger and believe you were partially responsible, you can still receive compensation. Kentucky Revised Statutes 411.182 establishes a pure comparative fault system. This means an injured person who is partially responsible for a car crash can be awarded damages, but the compensation would be reduced based on the percentage of responsibility. For example, if you had $100,000 in damages and were ten percent responsible, you would receive $90,000.
Kentucky does not limit the degree of responsibility you can have while still getting compensation. For example, it is possible to be awarded damages if you were 60 percent responsible for the crash. A lawsuit is less likely to be successful in this case, but there are some situations, like if you were the only person injured, where it can be the right move.
Discuss Your Rear-End Crash Case With an Erlanger Attorney Today
Regardless of what caused your rear-end crash, talking to an attorney as soon as possible is essential. Rear-end car accidents in Erlanger can lead to serious injuries with long-term consequences for your health. If you were involved in a collision, our attorneys will help you get the compensation you need to move forward. From collecting evidence to negotiating a lawsuit settlement, we handle the legal process on your behalf using our decades of experience. We provide the strong representation you need to get a great outcome. Contact Busald Funk Zevely P.S.C. to discuss your rear-end accident case today.
