At Hasbrook & Hasbrook Personal Injury Lawyers, our Oklahoma City personal injury attorney handles many rear-end collision cases. When you’re involved in a rear-end accident, determining who is legally to blame becomes key to your case. Most people think the rear driver is always at fault. The truth is more complex than that. Generally speaking, each rear-end collision occurs under different circumstances.
We know that determining fault in a rear-end collision takes a careful review of facts and traffic laws. Oklahoma’s comparative negligence laws mean multiple parties can share blame. This affects your financial recovery. Our experienced personal injury attorney investigates every part of your rear-end crash. We make sure the at-fault driver is held legally responsible.
Car Accident Involving Rear-End Collisions: Common Scenarios
Rear-end collisions are common car accidents in Oklahoma. These crashes happen daily at red lights when drivers can’t stop safely. Construction zones create problems when traffic patterns change quickly. Drivers struggle to keep a safe following distance.
Rush hour brings more challenges. The lead driver may brake suddenly due to traffic, and the trailing driver often follows too close or gets distracted. They can’t stop before hitting the car ahead. Weather and road conditions exacerbate the situation.
Typical Causes of Rear-End Collisions in Urban and Highway Settings
City rear-end crashes often come from distracted driving. The rear driver doesn’t see brake lights or traffic signals. City driving needs constant attention to changing conditions. The driver’s insurance company checks if cell phones caused the crash. When a rear-end collision occurs in the city, the rear vehicle often strikes the car ahead at low speeds.
Highway settings bring different problems. High speeds make it hard to stop safely when traffic slows. The tailing driver needs much more distance to avoid a rear-end crash. Rain or fog makes it harder to see and stop.
Differences in speed between vehicles also contribute to highway rear-end collisions. When the lead car slows down fast, the rear driver may not have enough distance. The person driving behind should keep at least one car length for every 10 mph of speed. These crashes often cause serious injuries due to high impact.
How Rear-End Collisions Are Viewed Under Oklahoma Law
Oklahoma law usually says the rear driver is at fault in most rear-end collision cases. This is necessary because drivers must maintain a sufficient distance to stop safely. Traffic laws require drivers to avoid hitting the car ahead of them.
The rear driver can overcome this fault when the front driver acts badly. Brake checking or sudden lane changes can shift blame to the lead driver. Our law firm challenges these assumptions when facts support our client.
Oklahoma uses modified comparative negligence. This means the fault in a rear-end collision can be shared between parties. If the lead driver helped cause the crash, their fault reduces their compensation.
The Role of a Car Accident Lawyer in Determining Fault
An experienced car accident lawyer brings key skills to rear-end collision cases. We investigate crashes thoroughly. We review police reports, speak with witnesses, and collaborate with experts to gather information. Our team knows how to challenge insurance company decisions.
Determining fault needs more than looking at vehicle damage. We check cell phone records to prove distracted driving. We review traffic cameras when available. The other driver’s insurance company often tries to reduce its liability.
When to Contact a Car Accident Lawyer After a Rear-End Crash
Contact our Oklahoma City car accident lawyer right after getting medical care. Early legal help saves evidence that might disappear. We guide you through the insurance claim process safely.
Some situations need legal help more than others. These include serious injuries, disputed faults, or difficult insurance adjusters. When the other driver’s insurance company denies fault, our team protects your rights.
Distracted Driving and Rear-End Crashes
Distracted driving causes many rear-end collisions in Oklahoma. The rear driver doesn’t notice that the traffic ahead stopped. Modern technology makes distracted driving worse. Drivers use phones and other devices while driving.
Studies show that distracted drivers are more likely to cause rear-end accidents. They can’t react fast enough to changing traffic. When the lead vehicle’s brake lights turn on, distracted drivers miss this warning. The lead vehicle stops suddenly, and the rear vehicle has no time to avoid a rear-end car accident.
Texting, Eating, and Other Driver Distractions
Cell phone use is the most common distraction in rear-end collision cases we handle. Texting while driving is very dangerous. It combines looking away, taking hands off the wheel, and thinking about other things. The negligent driver may look away for several seconds.
Eating while driving creates similar risks. Drivers take their hands off the wheel and pay attention to the road. Other distractions include:
- Adjusting the radio or air conditioning
- Reaching for things in the car
- Talking intensely with passengers
- Personal grooming or applying makeup
These activities hurt the driver’s ability to keep a safe distance. They make it hard to respond to sudden stops.
Proving the Other Driver Was Distracted
Cell phone records give vital evidence in distracted driving cases. These show if the at-fault driver used their phone during the crash. We work with experts to analyze these records. Getting these records requires legal expertise.
Witness statements often show distracted driving behaviors. People in other cars or pedestrians may have seen the driver in the rear looking at their phone. These accounts can be powerful evidence. Police reports sometimes note distracted driving, too.
What Is Brake Checking and Why It Matters in Rear-End Claims
Brake checking happens when the lead driver suddenly hits their brakes without reason. This is often to intimidate the following driver. This behavior can make the front driver partly or fully liable for a rear-end collision.
When brake checking causes a rear-end collision, it changes who is at fault. The lead driver’s reckless behavior becomes the main cause of the crash. Our law firm has handled cases where brake-checking led to multi-car crashes.
Legal Challenges in Proving Brake-Checking Behavior
Proving brake checking without video is hard. It often comes down to different driver stories. The lead driver will say they braked for a good reason. Without witnesses or cameras, proving brake checking takes careful investigation.
Accident reconstruction experts can sometimes find brake checking. They look at skid marks and vehicle damage. If the lead car has little damage while the rear car is severely damaged, this may indicate sudden braking.
Traffic cameras or dash cams give the best evidence of brake checking. These recordings show if real traffic conditions needed sudden braking. Our team works diligently to locate and preserve any video evidence.
Determining Fault in a Rear-End Collision with Multiple Parties
Multi-car rear-end collisions create complex fault situations. Chain reaction crashes often start with one negligent driver. They involve multiple hits as cars strike each other. Each collision may have different causes and fault levels.
The first impact often causes more collisions. Cars get pushed forward into traffic ahead. Finding which driver caused the first crash becomes critical. Our legal team knows how to analyze these complex situations.
Shared Fault in Chain Reaction Crashes
Oklahoma’s comparative negligence law allows the fault to be split among multiple drivers. The first rear driver might be 60% responsible for following too close. The second rear driver might be 30% at fault for not keeping a safe distance. The lead driver might be 10% responsible for brake checking.
These fault determinations require careful analysis of each driver’s actions and behavior. Things like following distance, speed, and attention matter. Insurance companies attempt to shift blame to others in order to pay less.
How Oklahoma’s Laws Apply When Multiple Drivers Are Involved
Oklahoma’s modified comparative negligence allows injured people to recover money if their fault is less than 51%. This differs from pure comparative negligence, which is used in some states. This means you can still seek money from other negligent drivers even if you made mistakes. The 51% rule protects drivers who make small mistakes.
When multiple parties share fault, each negligent party pays based on their percentage of fault. The most careless drivers bear the greatest financial responsibility. Our team works to reduce our clients’ fault percentage while securing additional compensation from other responsible parties. The driver deemed responsible for the crash bears the largest financial burden.
The involved parties’ insurance companies often negotiate fault percentages. These negotiations can significantly affect the compensation you receive. Professional legal help is crucial for protecting your interests.
The Importance of Accident Reconstruction in Rear-End Cases
Expert accident reconstructionists give a scientific analysis of rear-end collisions. They can establish fault when other evidence is unclear. These specialists look at skid marks, vehicle damage, and crash scene evidence. Their analysis reveals the speed, braking, and factors that led to the collision.
Accident reconstruction is most helpful in cases with conflicting driver accounts. These experts can often tell if the lead driver braked normally or suddenly. They can show if the rear driver followed at a safe distance.
How Comparative Negligence Affects Your Rear-End Collision Claim
Oklahoma’s comparative negligence law affects the money you can recover after a rear-end collision. It reduces your award based on your fault percentage. If you were 20% at fault, your money would be reduced by 20%. This is why achieving the lowest fault percentage is crucial.
Even when you bear some fault for a rear-end accident, you can still recover money from other negligent drivers. Our team works to reduce your fault percentage. We build strong cases against the main at-fault driver.
The Insurance Company’s Role in Assigning Fault
Insurance companies do their own investigations to find fault in rear-end collisions. Their conclusions don’t always match legal reality or fair pay principles. Adjusters often try to reduce their insured’s fault by paying less. These fault decisions affect settlement talks.
The other driver’s insurance company wants to dispute your claim. They want to reduce their driver’s fault even when evidence shows their driver was negligent. Our team can challenge unfair fault decisions when needed.
How to Gather Evidence After a Rear-End Collision
Collecting strong evidence right after a rear-end collision helps your claim. Take photos of all vehicle damage and skid marks. Get contact information from witnesses who saw the crash. Their statements give independent proof of what happened. Pay attention to the vehicle ahead and document the exact circumstances surrounding the accident.
Document your injuries with medical records. Keep detailed records of all accident costs, including:
- Medical expenses
- Lost wages
- Property damage costs
- Vehicle damage repairs
If dash cameras or security cameras capture the crash, work fast to save this evidence. Our legal team can guide you through gathering evidence.
Contact an Oklahoma City Car Accident Lawyer at Hasbrook & Hasbrook for a Free Case Consultation
At Hasbrook & Hasbrook Personal Injury Lawyers, we have served Oklahoma City for years. We fight for fair compensation in rear-end collision cases. Our team understands the complexities involved in determining fault. We protect clients’ rights against tough insurance companies.
We work on contingency fees. This means you pay no attorney fees unless we win your case. Contact our Oklahoma City car accident lawyer today for your free consultation. Learn how we can help you get the money you deserve after a rear-end collision. We help you seek compensation through the appropriate legal channels to ensure a fair outcome.