If you are involved in a rear-end accident, there’s a good chance the rear driver will be found liable. This is because they’re the one who have the best chance to prevent the accident. Of course, there are times when this is not the case. Every case is unique. Your Arkansas car accident attorney will have to review your case to see if this is a possibility.
The only way to know for sure whether you have a legal claim is to talk to an attorney. If your insurance claim was already denied, then there’s a good chance you’ll need to sue. They could deny your claim for a variety of reasons, including:
- The insurance company believes you were at fault
- You did not report the accident
- There is no proof that you were hurt
- They believe that your injuries were caused by something other than the car accident
- They think you have a history of filing auto claims
If this is the case, your Arkansas car accident lawyer will still try to resolve your case voluntarily. It is a lot more expensive to go to trial than to settle your lawsuit. This is why more than 90% of all lawsuits do eventually settle.
The General Rule is That the Rear Driver is At Fault in a Rear-End Accident
Generally speaking, the rear driver is found to be at fault in this sort of accident. They have the last clear chance to prevent the crash. The courts know this and so does the insurance company. Your car accident lawyer will do what they can to try to resolve this issue directly with the insurance company.
There are Times When the Front Driver is Liable
As explained above, the general rule is that the rear driver is at fault. There are times, however, when you may be found to be liable. For example, if your brake lights aren’t working, then it’s hard for the driver behind you to know when to stop. The same is true if you jam on your brakes. If something like this happens, you may be found to be partially at fault.
Some of the reasons why you may be found liable in a rear-end accident include:
- You stopped in the middle of the road
- Your brake lights aren’t working properly
- You don’t use your turn signal as required
- You stop unexpectedly
- You go into reverse by accident and hit the car behind you
You need to keep in mind – if your case was straight forward, the insurance company probably would’ve approved your claim. There must be some reason why they didn’t do this. If that’s because they feel you were partially responsible for the crash, your Arkansas car accident lawyer needs to know that.
What if You’re Found to Be Partially at Fault in Arkansas?
Very rarely is one driver in an accident found to be 100% at fault. Nobody is perfect. This means that there’s a chance that you’ll be found partially at fault. The good news is that Arkansas follows a comparative negligence rule. This means that, even if you’re partially at fault, you can still collect damages.
The way it works is pretty simple. Your claim for damages will be reduced by your percentage of fault. So, if you were found to be 40% at fault, your $100,000 claim will be reduced by $40,000. Your attorney understands this as well. If they believe you were partially at fault, they’ll still try to negotiate a settlement with the insurance company.
Talk to an Experienced Arkansas Car Accident Lawyer Right Away
If you are involved in a rear-end accident, you may have a claim for damages. The only way to know for sure is to talk to an experienced Arkansas car accident lawyer. You need to take the time to sit down with someone who’s handled cases like yours before. They can answer all of your questions. They’ll also ask a few of their own. They need to find out what happened, so they know how best to proceed.
As soon as possible after your car accident, call and talk to a skilled Arkansas car accident lawyer. They can review your case and give you an idea of what your case is worth. Make sure you bring as much information as possible to this first meeting. That way, your attorney knows what they’re up against. They can also reach out to the insurance company and find out if they’re interested in settling the case.