Rear-end collisions or shunt accident cases occur when one vehicle hits another in front. This means the colliding vehicle hits from the back, which may cause fatalities, serious injuries, or dents at the least.
Be it a serious crash or a minor fender bender, rear-end accidents are among the most common types in the US. In general, around 43,000 road accidents occur across the US each year. As per the National Safety Council (NSC), rear-end collisions are the third most common type of accidents after angle and head-on crashes.
Should we simply rejoice that the fatality rates are below 1%? Not really because injuries suffered during such accidents can be life-altering and often follow a tough legal battle. In this article, we will deal with the latter aspect. Keep reading to understand how fault or liability is determined in the case of rear-end collisions.
What Causes Rear-End Accidents?
Let’s start by looking at the main causes responsible for a rear-end collision. These would include the following.
Tailgating
According to TorHoerman Law, tailgating is one of the most common reasons for a rear-end accident. It refers to the practice of driving too closely behind another vehicle. Adequate space must be left between two vehicles because the one in front may suddenly stop. When it does, the driver behind will not have enough time to react, which may lead to a crash.
Speeding
Another common reason behind rear-end collisions is overspeeding. In this case, as well, the driver has little to no time to control the vehicle should the one in front suddenly stop. The human brain’s interpretation time for any impulse is 250 milliseconds on average.
Moreover, not every driver’s reaction time will be the same. Fast reaction or response reflects better brain health. What if the driver’s reaction time is a little slow? Then, a crash becomes inevitable.
Poor Weather Conditions
Roads can be precarious during heavy rainfall, snowfall, or even fog. The latter may make it extremely difficult to view the road ahead. The driver may realize too late that they’re close to a vehicle in front. It is also possible to miscalculate the distance.
In the case of snow or rain, the roads are extremely slippery and can make it difficult to control the vehicle. Even after applying brakes abruptly, the time taken to stop may be insufficient to avoid a rear-end crash. This is especially true of large commercial trucks.
Distracted Driving or Intoxication
It has been found that every year, the US loses at least 3,000 people to road accidents caused by distracted driving. This may include texting, eating, talking, or listening to music. The driver’s focus may shift off the road, and when it does, the vehicle may crash into the one in front. Drivers are prohibited from texting or talking on the phone while driving.
One’s focus may shift off the road even due to intoxication which leads to drowsiness. In both cases, the reaction time greatly reduces due to disrupted judgment and situation awareness. A crash becomes most likely, if not inevitable.
Running Off-Road
This reason involves a rear-end crash most common when an exit ramp is in the picture. Upon exiting interstates, especially at night, vehicles may run off the road and miss the exit ramp (usually a small roadway).
A case in point occurred in St. Louis, Missouri just recently. A mother of two, Michelle Yaeger, was traveling with her two daughters, Natalie and Kenzie. The vehicle occupied by the woman and her girls traveled off the left side of the exit ramp and straight into the rear end of a parked tractor-trailer. The crash was so gruesome that nobody survived.
When is the Rear-End Driver at Fault?
The usual rule practiced across most US states is that the rear-end driver will be held responsible for engaging in actions leading up to the crash. This rule would stay even if factors beyond the driver’s control were involved.
For instance – the heavy fog may make it challenging to see a vehicle’s tail lights clearly. Even then, the driver is responsible for being aware of cars in the vicinity, adjusting speed, and leaving extra room in front. By that rule of thumb, the responsibility for the crash discussed in our previous section would fall on Michelle Yaeger.
This is also true since the tractor-trailer was parked and not even moving on the road. However, the only thing is that it was an oversight that could have happened with any driver.
The same rule of thumb would apply in the case of mechanical failures. It is the driver’s responsibility to check their vehicle frequently, respond to recall notices, and have repair work done.
If a crash occurs due to an inherent mechanical failure, the rear-end driver will be at fault. Suppose the vehicle is new or just had repair work done on it, the manufacturer or repair technicians will also be held liable respectively.
Situations When the Rear-Ended Driver May Be at Fault
What we have discussed in the previous section is a usual scenario. There may be situations where the driver in front is wholly or partially responsible for the accident. Let’s understand this with the help of the same example we have used previously.
Suppose the tractor-trailer in question was not parked but moving on an adjacent lane to the one in which Michelle was driving. Had it suddenly swerved in front of her and an accident ensued, the lead driver would be held completely responsible.
A similar scenario may occur if the lead driver ignored the right of way and suddenly turned into Michelle’s lane. She would have had no time to react, which may have caused a rear-end collision. In either case, it would be possible to claim compensation with the help of a St. Louis trucking accident lawyer.
Other similar cases where the liable party becomes the lead driver include a failure to show turn signals, driving with non-functional brake lights, and backing up without warning.
Types of Compensation Available for Rear-End Accident Injuries
Now, the determination of fault in a rear-end accident would require the support of an experienced attorney. If it is proven that the other party is indeed at fault, be it the rear-end or rear-ended driver, the following compensation may be possible to avail of.
- Medical expenses, which may include current and future bills for injuries
- Income or wages lost during the period of recovery
- Loss of earning capacity if the nature of the injuries is such that the victim is disabled
- Emotional distress caused as a result of the crash
- Costs involved in repairing parts of the vehicle or replacing it
So you see, rear-end accident cases are not straightforward each time. The determination of fault will span across a complete review of police reports, analysis of physical evidence, interview of witnesses, and examination of traffic laws. When the victim consults with legal experts, they stand a better chance at understanding their position and the potential compensation they could recover.