Lawyer for Rear End Accidents in San Bernardino, California
Rear end accidents are very common in San Bernardino, California. Nearly one-third of all accidents fall into this category, and they occur for a variety of reasons. For example, the weather and road conditions can be factors in a rear end collision, such as with reduced visibility or slippery ice.
Even so, these accidents are usually avoidable because, through proper attention and care, drivers should be able to stop from colliding with the vehicle in front of them. This is why drivers are expected to maintain an adequate distance between themselves and other vehicles, specifically three car lengths. This allows the rear driver to be able to stop in time if the driver in front suddenly stops or slows down. This is one reason that the rear driver may be liable.
When rear end accidents happen, the front driver is more prone to serious injuries than the rear driver. It is also frequently assumed that the rear driver is at-fault, because it is usually the negligence of the rear driver that causes the accident. But this is not always the case. It is possible for the front driver to be the negligent party.
Either way, it is wise to contact a lawyer in San Bernardino who is experienced with rear end accidents. You may be entitled to compensation. Get a free consultation and learn more about recovering compensation. Call 1-800-HURT-NOW (800-487-8669) to schedule your meeting with George Arvanitis and get more information.
Did Distracted Driving Cause Your Rear End Collision?
Many auto accidents in San Bernardino are caused by distracted driving. As technology has improved and become more accessible to all, the threats of texting & driving or talking on the phone have increased the risk of distracted driving accidents. That is not to say that all distracted driving accidents are caused by technology, but it is certainly a factor. Many rear end accidents are the result of distracted driving. Anyone who is too distracted to pay attention to the speed limit, to the cars in front of them, to the process of changing lanes or following traffic signals can cause an auto accident, including rear end collisions.
Proving Liability in a San Bernardino Rear End Accidents
To prove liability in rear end collisions, and whether or not you are the rear or front driver, you must prove three key factors. The first is that the driver who caused the accident owed you a duty of care. This is simple because all drivers owe other drivers and pedestrians a duty of care, which means that you must be cautious and careful when you drive.
Next, you have to prove that this duty of care was breached. This can be more complicated, because you have to establish that the at-fault driver did something or failed to do something that constitutes irresponsible driving behavior. For instance, if the at-fault driver was distracted, you’ll have to prove it. If the at-fault driver was tailgating, you’ll have to prove that. If the at-fault driver was inattentive when changing lanes, again, you’ll have to prove that. Much of this can be proven with evidence at the scene of the accident or through eyewitness testimony. This is why it’s so important to gather as much information as you can at the scene of the accident and collect the contact information of witnesses.
Finally, you’ll have to prove that the negligence of the at-fault driver is what caused the accident and your damages and injuries. Depending on the circumstances, this can be difficult. For instance, if the weather was a factor, then it may be easy to argue that the accident was not caused by the other driver’s negligence, even if they were negligent, but that it would have happened anyway because of icy roads, for example. Another example would be if the front driver did not have working brake lights, so the rear driver argues that this negligence caused the accident. Yet, if the rear driver would have lost traction due to ice and hit the front driver anyway, then this may not be a valid explanation.
Having said that, in most cases, if you can prove that the at-fault driver owed a duty of care and breached that duty, the it is not much of a leap to prove that this negligence caused the accident and the associated injuries and damages. If you can prove all this, then you have established liability.
Proving Damages in Rear End Collisions in San Bernardino
Once you have established liability, you have to prove your damages. This means that you must prove the value of your injuries, property damage, medical expenses, lost wages, and any other losses that can be documented. You can do this by maintaining adequate records of your medical treatment, your lost wages, and your estimates for repairs. You can also keep a journal of your experiences to assist with proving pain and suffering.
All of this will be much easier with the advice of an experienced San Bernardino rear end accident attorney. Call George Arvanitis for a free consultation at 1-800-HURT-NOW (800-487-8669) to learn more.