Rear End Collision Car Accidents
Rear end collisions are responsible for many car accidents in Sacramento. A rear end collision can be due to many reasons. Following drivers are often distracted or are following too closely. Leading drivers may stop abruptly without signaling their intent to stop. Who is liable in a rear end collision is a question of fact. However, following drivers have an uphill battle proving that leading drivers were negligent and therefore responsible for damages in a personal injury lawsuit.
When Following Drivers Are Negligent
Following drivers are often negligent because they were following too closely. In fact, even though the general approach to car accident cases involving rear end collisions is that both the leading driver has a duty to not stop suddenly without signaling, and the following driver has a duty to not follow too closely, a trend has emerged to tip the scales in favor of negligence on the following driver in the event of a rear end collision. The argument is that as long as the leading driver is not negligent, the fact that the following driver collided with the vehicle in-front traveling the same direction itself furnishes some proof the either the following driver was travelling too closely or at an excessive speed. Therefore, following drivers have an uphill battle in proving that the leading driver was negligent in a rear end accident case.
When Leading Drivers Are Negligent
While following drivers have an uphill battle in proving that the leading driver was negligent, the task is not impossible. Leading drivers can be negligent and responsible in rear end accident cases if they came to an unexpected, abrupt stop without signaling. Likewise, a leading driver can be negligent in coming to an abrupt stop in an area where the following driver would expect the leading driver to continue on. For example, if a leading driver comes to an abrupt stop at the end of a freeway on-ramp causing a rear end collision, the following driver may argue that a reasonably prudent driver would assume that the car in front would continue at the end of the on-ramp since most cars accelerate when entering a freeway.