Rear-end collisions are among the most common of all car accidents. They are often minor fender benders when one car hits the rear of another at low speed. At higher speeds, they can lead to severe injuries. In addition to hitting the car in front of them, the car in the rear may push that car into other vehicles or oncoming traffic. The force of the impact can lead to severe injuries.
People who are injured in rear-end car accidents in Metairie may be entitled to compensation depending on who is liable for the accident, the total amount of damages, and the injuries or property damage from the accident. To get more information, injured people can talk to a hard-working car accident attorney.
Liability in Rear-End Accidents
Under state law, the following vehicle is usually responsible for the accident. They should be able to avoid hitting the car in front of them by maintaining a reasonable following distance and not tailgating.
However, not every rear-end collision is the result of negligence on behalf of the following vehicle. The car in the front could drive in reverse, have non-working brake lights, cut off the following car, or slam on the brakes. Often, multiple parties can share responsibility. A lawyer could determine whether a driver’s actions contributed to a rear-end car accident in Metairie.
Under Louisiana Code of Civil Procedure art. 2323, more than one person can be liable for an accident. The state takes a comparative negligence approach to fault. Even when a person is partially responsible for the accident, they can still recover from the other people in the accident. However, the amount of damages recoverable is reduced in proportion to the degree of negligence of the person making the claim. In other words, when a court determines that the injured party is 70 percent responsible for an accident, they can still recover 30 percent of the damages from the other person who is responsible. However, they would also be responsible for 70 percent of the other party’s damages.
Avoid Tailgating to Help Prevent Rear-End Accidents
Keeping an appropriate following distance and avoiding tailgating can help reduce the likelihood of rear-end car crashes in Metarie. The rule is that the following vehicle should keep two seconds of following distance between the back of the lead vehicle and the front of the following vehicle.
The two-second rule does not establish a fixed distance, but it gives drivers an idea of how long it will take them to stop to avoid hitting the vehicle in front of them. The faster vehicles move, the longer it takes for them to stop and the more distance they cover in a given period. The two-second rule means that people should follow at a greater distance at higher speeds.
Of course, like other traffic rules, the two-second rule depends on driving conditions. When there is bad weather, obstructed visibility, or a vehicle is overloaded, the following distance must be longer. An attorney may be able to help with financial recovery when tailgating contributed to a rear-end car accident.
Consult a Lawyer About Rear-End Car Collisions in Metairie
Whether you believe you are responsible for a rear-end car accident in Metairie, you should consult an attorney. The state’s contributory negligence statute means you may be entitled to a recovery to help you cover damages after an accident, even if the other party only has a small part of the responsibility.
However, fault does play a role in determining damages. Learning about your options is essential because you only have one year to bring a personal injury claim. To find out more, contact an attorney at Damon J. Baldone and Associates who can explain the role of fault and your potential remedies after a car wreck.
