A rear-end collision is defined by Memphis law as the striking of a vehicle from behind. The law assumes that the vehicle in front has either stopped or is travelling at a lower speed than the vehicle that struck it in the rear. If the car in front backs into another vehicle, then that is not considered a rear-end collision. However, determining liability is not always as easy as it might seem.
A Memphis rear-end car accident lawyer could help establish who to demand compensation from to cover your damages. Let the skilled services of attorney David E. Gordon help you take legal action against a negligent driver.
Common Reasons for a Rear-End Car Wreck
These crashes could occur when the vehicle in front obeys a yellow light while the vehicle behind intends to run through the light.
They could also happen on an interstate when the traffic is backed up and stops and starts frequently. Sometimes traffic for a short time might get up to a speed near the limit, like near 55 or 65, but then traffic stalls again and somebody finds themselves going too fast under the circumstances.
Rear-end car accidents could also take place on busy streets in Memphis, like Germantown Parkway, Winchester, Union Avenue, or Poplar Avenue, during rush hours. The traffic is backed up, people are in a hurry, and crashes occur.
Is the Assignment of Fault Always on the Car Behind?
In Memphis, the assumption is that the car behind is always at fault in rear-end collisions. Sometimes the car in the rear blames the vehicle in front for stopping abruptly, but this is a very weak defense. A driver must be capable of responding to any situation in front of them.
It could help a driver’s case if they were able to show that the front vehicle moved from the lane beside them into the driver’s path. Then, they would be able to place some degree of fault on the driver who changed lanes.
This is the kind of accident that could be considered to be a 50-50 crash, meaning each driver is found to be 50 percent at-fault. The driver who changed lanes could have changed lanes improperly and the driver that hit them from the rear has failed to maintain a proper lookout. In that situation, each driver’s insurance company would probably have to take care of their own driver’s damages.
Role of Memphis Legal Counsel in a Fender-Bender
In a Memphis fender-bender case, David E. Gordon might use photographs to establish liability. Photographs that were taken at the scene are very helpful so that he could see where in the roadway the vehicles were situated after the crash. He would most likely want to see photographs of the damage of both vehicles, if possible. The size of the crash is an important factor in determining how much compensation he can get for his client.
Contact a Memphis Rear-End Car Accident Attorney Today
It is important to contact a lawyer sooner rather than later after a Memphis rear-end car accident. They could advise the claimant about how to deal with the insurance company and help provide resources concerning their car repairs and rights to get a rental vehicle.