1/26/12 Establishing Fault in Rear End Collision Car Accidents
By David L. Greene, EzineArticles
I Was Rear-Ended: Who is at Fault?
One of the most common types of car accidents are rear-ends collisions. At least once in a driver’s experience, they will be either tapped by another car or in a serious rear-end accident. With the rise in hand-held technology, rear-end collisions are become more serious with each passing day. No one wants to take the blame for something as serious as ramming their car into someone else’s, which is why insurance companies are heavily involved in rear-end accidents.
Exceptions Are Good
A well known and highly important exception is known as the “No-Fault State”, which is known as a general rule of rear-end collisions. With 12 states supporting the “No-Fault” exception, the law requires that all drivers hold onto their insurance policies at all cost. This exception is used to help keep lawyers and courtrooms unclogged with lawsuits for insurance claims. The rule for “No-Fault State” for some states is they will allow the chance to sue a driver who is at-fault if their injuries reach a special threshold. For the non “No-Fault” states, appointments of faults are only accepted if their injuries are severe/permanent.
Rules for Collisions Involving More than One Vehicle
Rear-end collisions usually occur between two vehicles, but some cases involve more than one car. In multi-car collisions, a third party enters the field and results in pushing the second car into the first car. In most of these multi-car collisions, the third party is at fault, and takes on the responsibility of covering all damage costs, meaning the general rule of accidents doesn’t apply.
No-Faults vs. Faults
The most important part of an accident for any member of the injured party is to determine who is at fault. In any states that abided by the “fault” law, whoever is the cause for the accident (at fault), will be sued by the injured party, leaving either themselves or the insurance company to pay for any and possibly all damages. Most states do not even need a lawsuit, for they mostly believe that whoever rear-ended the other in the accident is automatically at fault, and will presume that it was their fault. Any person injured in a rear-end collision has the option to deal with the at-fault drivers insurance representative for a chance of receiving any compensations for their suffering or damage.
If an accident happens to take place in one of the 12 different “no-fault” states, the most common ruling will be made in that the rear-ender is the cause of the accident. The best option for anyone in a “No-Fault” state is to acquire an attorney to help prove that they are not at fault, especially when there is no third party car involved in the accident.
Even the best drivers are occasionally involved in accidents. Unfortunately, other drivers and their insurance companies have an incentive not to pay a fair amount for damages. With the bad economy, insurance companies are fighting more car accident claims and postponing payment. It is best to have an attorney who understands Illinois motor vehicle liability law to help you get the settlement you deserve.
Click here to read how Car Accident Attorney Roger Rudich recently helped a Chicago car accident victim.
Auto Accident Litigation
Don’t let someone else’s negligence cost you money. Every ten seconds, someone in the U. S. is involved in a car accident, according to the National Highway Transportation and Safety Administration. Alcohol usage is a leading cause of car accidents. Also, Illinois has banned driving while texting and using a hand-held cell phone while driving. If you suffered a serious personal injury involving medical costs and/or lost wages, you are entitled to compensation.
You don’t have to fight the insurance companies alone. For more information about car accident claims, please contact attorney Roger Rudich.