Of all the different types of crashes drivers are involved in on the roads, the most common by far are rear end accidents. In fact, rear end accidents account for 3 million crashes every year. Many people assume these crashes are nothing more than minor fender benders, likely because they usually occur at low speeds. Unfortunately, victims of rear end accidents sustain serious injuries just like anyone else involved in a crash. When they do, they often have a more difficult time obtaining the financial compensation they deserve. Below, our Portland rear end accident attorney explains further.
Fault is Presumed During a Rear End Accident
It is a common misconception that the driver that struck another from behind is always at fault for a rear end accident. This means that injured drivers in the front vehicle must file a claim with the rear motorist’s insurance company to claim the compensation they deserve. However, rear drivers are not always at fault for these crashes.
It is true that drivers in the rear have a duty to maintain a safe speed and to provide enough distance in front of them to avoid hitting anyone else. It is for this reason that when a rear end accident occurs, the rear driver is presumed to be at fault. Drivers in the front, though, have a legal duty to ensure they stop and slow down at a safe pace that provides the driver behind them with enough time to do the same. Drivers who come to an abrupt stop, particularly without reason, can be held liable if another driver struck them from behind.
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