When a car crashes into the vehicle in front of it from behind, it is said to be a rear-end collision. The victim in such accidents can suffer a great deal of damage, ranging from medical injuries to property damage to lost income. They are protected by the law to recover the damages they lost and seek compensation from the negligent driver.
It is necessary to determine the liable party in a car collision that was responsible for the accident. If you have suffered damages in a rear-end collision, you must consult experienced car wreck attorneys in Conyers, GA. They carry out a thorough investigation of your case to determine the negligent party’s liability and prove your damages.
Who is liable in a rear-end collision?
In most situations, the rear driver is responsible for rear-end collisions. These accidents usually occur when the rear driver is tailgating, distracted, inattentive, or intoxicated. However, the lead driver may also be at fault in some cases. The driver whose negligent misconduct resulted in the accident is liable to pay the victim’s damages. When the victim also plays a role in the accident’s occurrence, the law of comparative negligence applies.
How do you prove liability?
- Duty of care: You must prove that the driver owed a duty of care that required them to take measures to be reasonably careful while driving.
- Breach of duty: You must prove that they breached this duty of care and were not careful. Drivers violate this duty when they engage in negligent misconduct such as drinking and driving or speeding.
- Causation: You must prove that this breach of duty resulted in your damages.
- Damages: You must prove that you actually suffered damages such as medical injuries, emotional distress, and vehicle damage.
What do you need to prove liability?
The victim requires evidence to prove the negligent driver’s fault. Although rear-end accidents are mostly “no-doubt” liability accidents that hold the rear driver responsible, the case may become complicated when the victim also contributed to the accident. Evidence such as police reports, assessment of your car damage, pictures of the accident scene, and witnesses can help determine liability.
The presence of an attorney in Conyers can significantly benefit your case. They are aware of the local laws that affect your case and enable you to determine and prove the negligent party’s liability. They also collect evidence to prove their negligence and your damages to help you attain a favorable outcome.