In a rear-end collision, the presumption of fault normally lies with the following driver, but there are a few exceptions where the lead driver can be held responsible or fault can be shared. Whichever position your car was in in the accident, an El Paso, TX car accident lawyer can help you find the evidence you need to prove what really happened and who was at fault.
All drivers are required to drive safely: if they don’t, they can be held liable if there’s an accident. Safe driving requires that you keep a safe distance from cars ahead of you and be watching for sudden stops. In a rear-end collision, the determination of liability will often be made res ipsa loquitur, which means “the thing speaks for itself.” In other words, the nature of the accident itself already proves the following driver was not driving with enough distance between them and the car ahead of them.
To overcome this assumption, you would need to prove an exception under Texas law. If the lead driver was driving recklessly or under the influence, this could make them partially or wholly liable. The lead driver can also be held responsible if it can be shown that they were “brake checking,” which is a kind of illegal behavior where someone attempts to “punish” another driver by deliberately slamming on their brakes with no notice and putting everyone in danger. If the lead driver’s brake lights were not functioning, this is another reason they could be held liable.
Evidence You’ll Need
Whether you were the lead driver or the following driver, certain evidence will be very helpful to your case. Some of the best evidence is video evidence. If you’re in a he-said-she-said sort of situation, a dash cam video or video from a nearby traffic camera may be able to show definitively what really happened.
Photos can be helpful here, too, especially if you have a photo that captures skid marks and road conditions. The police report can also be useful, as the police will usually make an initial determination of fault at the scene and record whether they issued a citation to either driver.
If a driver in front of you had malfunctioning brake lights, then getting a mechanic’s report that shows this will also be very useful. Expert witnesses are important, too. An expert witness, like an accident reconstruction expert, can analyze the points of impact on the vehicles as well as skid marks and other evidence to establish how fast both cars were going, the distance between them, and more.
Talk to a Car Accident lawyer Today
A car accident lawyer can help you find and use the evidence to show what happened and protect yourself from unfair blame. Talk to us today at the Labinoti Law Firm to set up a free consultation in either of our El Paso locations. We also serve clients in Las Cruces, NM.
Disclaimer: The information on this website is for general informational purposes only and is not, nor is it intended to be, legal advice. Visiting this website or contacting us does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established. Prior results do not guarantee a similar outcome. This website may be considered attorney advertising under the Texas Disciplinary Rules of Professional Conduct.