In a rear-end accident, there is usually a presumption that the at-fault party is the driver who hit the vehicle in front of him or her. However, that may not always be the case. While rear-end collisions are typically straightforward, there are some scenarios when the driver in front may share liability for the accident.
If you were injured in a rear-end car accident, we encourage you to contact the knowledgeable Portland car accident attorneys at Rizk Law. We welcome the opportunity to review the circumstances of your accident to help determine whether the other party is at fault. Initial consultations are completely free, so call today to find out how we may be able to help.
Types of Rear-End Accidents
Rear-end accidents are usually caused by factors such as:
- Speeding
- Distracted driving
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Tailgating others
- Poor weather or road conditions
Although a rear-end car crash is often caused by the driver in the back, there are times when the actions of the motorist in front may lead to an accident. Here are some of the most common scenarios where the rear-ended driver may share liability:
- The brakes in the driver’s car are not working properly
- The driver was turning when he or she suddenly put his or her vehicle in reverse, backing into the car behind him or her
- The lead driver unexpectedly cuts in front of another driver without signaling, causing the tailing driver to rear-end that vehicle
- The tailing driver is following another vehicle at a safe distance but hits the person in front because of additional cars colliding into him or her from behind
Shared Liability for a Rear-End Car Accident
If both drivers share some liability for a rear-end collision, Oregon’s modified comparative negligence law may apply.
The law says if the injured person is 51 percent or more at fault for the accident, he or she cannot pursue compensation. If the injured party is less than 51 percent at fault, he or she can pursue a claim for compensation, but the amount of damages recovered will be reduced by his or her degree of fault. For example, if the victim is assigned 40 percent fault for the accident and suffered $100,000 in damages, the maximum compensation recovered would be $60,000.
Why Proving an Accident-Related Injury is Difficult
Rear-end collisions often cause sprains and strains of neck muscles. Soft tissue injuries, such as “whiplash,” are still very painful for the victim.
However, because the injury is not visible, like a broken bone, torn muscle or even damaged nerves, it is challenging to establish the true extent of the injury. It is difficult to place a value on symptoms like neck pain, blurry vision, debilitating headaches, radiating shoulder and backpain, or difficulty concentrating.
This is why we recommend hiring a trusted Portland lawyer, like the attorneys at Rizk Law, who know how to build a case around these kinds of injuries.
Contact a Licensed Lawyer for Assistance
If you were involved in a rear-end car crash, the experienced attorneys at Rizk Law can help determine if you may be eligible for compensation. If you have a case, our lawyers are ready to handle communication with the insurance company and investigate all aspects of the case to determine liability and the value of your damages.
There are no fees for your case unless we are successful in acquiring compensation for your accident. Contact us today to schedule a free case evaluation.
