Who Is At Fault In A Rear-End Collision?Utah Legal News
Car accidents can happen at any time and in any location. They can occur for a variety of reasons. One of the most common types of automobile accident across Utah is the rear-end scenario. A lot of drivers assume the vehicle that crashes into the car in front of them is at fault. This is not always the case. Fortunately, negligence is often determined by the unique circumstances surrounding each incident.
With the help of an experienced Utah car accident attorney, can you protect your legal interest when you become involved in this type of collision on the roadway.
How Is Negligence Determined
Individuals who are injured in rear-end accidents may be able to recover compensation for their injuries and damages sustained in the collision. When it comes to filing a lawsuit, it is imperative to prove that the other driver is at fault for the accident. To determine if the other driver is at fault, it is crucial to prove that his or her conduct was negligent. The driver’s negligent under the specific circumstances must have lead to the accident. Additionally, you will need to prove that the other driver breached the duty in several ways. These include:
- Distracted driving;
- Failure to stop or check road hazards;
- Not taking adequate control of the vehicle;
- Not applying a turn signal appropriately;
- Not staying a safe distance from the cars ahead; and
- Not yielding the right of way.
Additionally, you must prove that the accident caused damage to your vehicle or bodily injury. In general, the driver who rear-ends the vehicle ahead of them is at fault. There are some instances when drivers stop unexpectedly to avoid a hazard on the road or because the traffic is moving slowly. Drivers are expected to keep a safe distance from the vehicles ahead of them to avoid being in an accident. However, the unique circumstances of each case need to be thoroughly examined by an experienced Utah car accident attorney as other intricate factors can be considered.
Individuals who sustain injuries in rear-end accidents may be able to recover compensation from the at-fault driver. Working with a diligent attorney from Siegfried & Jensen will ensure you recover the maximum amount of compensation for your injuries and damages.
Common Damages In Utah Car Accidents
Individuals who are injured in rear-end accidents are able to recover compensation from the at-fault driver. The compensation accident victims obtain from their collision depends on the amount of losses. Insurance companies generally consider the following areas as economic damages sustained in car accidents:
Medical Expenses: Being involved in a rear-end collision can result in injuries to drivers and passengers in the front vehicle. These injuries can require extensive medical treatments, surgeries, medications, or therapy. Individuals who sustain medical expenses related to the injuries sustained in their rear-end collision can recover compensation to pay for the costs of treatment, but short-term and long-term.
Lost Wages: Individuals who sustain injuries in rear-end accidents are often required to miss work to tend to their injuries, go through surgeries and recovery, or they may be forced out of work indefinitely. In any case, injured claimants are able to recover compensation for all of their lost wages. In cases where accident victims are unable to return to work, they are able to recover compensation for the lost earnings over the lifetime of their career. This requires a financial expert to calculate the potential lost wages.
Pain And Suffering: Accident victims often suffer immensely, both physically and emotionally. Although there is no way to put a price tag on a person’s suffering, this amount is generally awarded based on the evidence presented to the court and jury. The claimant will have to present evidence of mental health conditions resulting from the accident and/or show how the physical injuries impact their daily life.
Property Damage: In addition to payment for injuries, accident victims are able to recover compensation for the repairs or replacement of their vehicles as well as any personal property that was damaged.
It is crucial for rear-end accident victims to hire a car accident attorney to ensure they recover a full and fair amount of compensation for damages.
The evidence is a crucial part of providing the other driver was negligent in a rear-end accident. The more evidence you have available, the better chance you have of obtaining a full and fair amount of compensation for your injuries and damages. The first thing you should do after a rear-end collision is to call the police and ambulance. If possible, you will want to take as many photographs as you can. Take pictures of the vehicles, the road conditions, the drivers, all passengers, and the point of impact. If the driver took a sobriety test, you could record it on your phone in case it is needed for evidence later on. It is also imperative to obtain a copy of the police report and all medical reports after examinations and treatments. Speak with any witnesses at the scene and collect their contact information in case you need them to make a statement at a later time. Additionally, you will need to collect the contact information, insurance information, and vehicle information from the at-fault driver. It is always a good idea to take a picture of the license plate just to keep on record.
A Utah Car Accident Attorney Can Help You
If you are injured in a rear-end collision, it is crucial to contact an experienced car accident attorney as soon as possible. Attorneys at Siegfried & Jensen work diligently to ensure accident victims recover the maximum amount of compensation they are entitled to for their injuries and damages they sustain.
Siegfried & Jensen is dedicated to helping clients’ protect their legal rights in court so they can focus fully on their recovery. If you are injured in an automobile accident due to a negligent driver, contact Siegfried & Jensen at (801) 598-1218 as soon as possible. Schedule a free consultation so we can review your case and determine what legal options are available.