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Is the Rear Driver Always at Fault in Arkansas Car Accidents?

Driving comes with a lot of responsibilities and requires drivers to follow the rules of the road.  If you are involved in a rear-end accident, there’s a better chance that the rear driver will be liable for the accident. The reason for this is that they are in a better position to prevent the accident altogether if they stick to the correct following distance. Arkansas car accidents will require an attorney to explore the facts regarding the collision and evaluate the personal injury claim.

There are roughly 2 million injuries from car accidents in the U.S. every year. Some of these occur due to rear-end collisions.

Claim Denials in Arkansas Car Accidents:

Claim denials when it comes to Arkansas car accidents can have multiple reasons which include the following:

  • The responsible party’s insurance coverage has lapsed
  • The other insurance company alleges the accident was at least 50% your fault
  • You haven’t reported the accident properly
  • Lack of witnesses supporting your claim
  • The injuries, sprains, or wounds sustained are an outcome of something else, not the car accident itself
  • The insurance company alleges you have pre-existing conditions

In such situations, lawyers can be helpful advocates for your position.  For instance, insurance companies almost always allege you had some fault and try to negotiate lower settlements. Lawyers have accessibility to private investigators who can locate witnesses, and lawyers can subpoena eyewitnesses to testify.

Additionally, insurance companies will not acknowledge that they are liable for aggravations to pre-existing conditions. The majority of the lawsuits eventually resolve in an out-of-court settlement in Arkansas Car Accidents.

Generally, the driver causing the rear collision is at fault in an accident. Normally, the rear driver is found liable, because the following driver must follow at a safe distance and maintain control of his vehicle.  The driver in the rear is charged with the duty to bring his vehicle safely to a stop in the event that the traffic in front comes to an abrupt stop.

Courts and insurance companies are well aware of the rules of the road. A car accident lawyer has the knowledge of these rules and can bring your case to a jury if the insurance company will not negotiate a fair settlement.

Front Drivers Can Be Held Liable in Arkansas for Car Accidents:

The general rule of thumb is that the rear driver is usually at fault. However, in some situations, you may be held responsible, even being a front-driver, for negligence. For instance, if your brake lights are not functional.  Additionally, tractor-trailer drivers are responsible to put orange triangles behind their vehicle when it becomes disabled.

A few of the reasons which could lead you to be liable in a rear-end accident are the following:

  • You suddenly stopped on the road without any reason
  • Your brake lights are not properly functional
  • You failed to use your turn signal
  • You stopped on a highway all of a sudden when traffic is otherwise moving

What Happens If You Are Partly at Fault?

Despite clear facts, insurance companies still allege fault on your behalf to reduce the settlement.  Arkansas follows a comparative negligence rule.  This means even if you are found partially at fault, you will still be in a position to collect for damages and impairment as long as you are less than 50% at fault.  If you are found 50% or more at fault, then you cannot recover against the other driver’s insurance.

If your fault is less than 50%, then your damages are reduced by your percentage of fault.  For instance, if you are detected to be 45 percent at fault, and your damages are $100,000, then you can only collect $55,000.  Your lawyer will negotiate for the most compensation and least amount of fault with the insurance company.

Consult an Experienced Arkansas Car Accident Lawyer:

If you are stuck in a situation where you are partially at fault for a rear-end accident, you may still be able to claim damages. The best solution to navigate around such a situation is to consult an experienced Arkansas car accident lawyer.

Take some time and sit with an experienced attorney who has dealt with personal injury cases in the past. They can answer all of your questions.  The best lawyers will challenge you with tough questions in the initial interview and start preparing you for the questions that insurance defense lawyers will ask in the future.  It may feel uncomfortable at first, but it is important to understand the strengths and weaknesses of your case from the very beginning.

It’s always advisable to call and talk to an experienced trial lawyer who can guide you in Arkansas car accidents without any delay. By reviewing the case they can explain the best and worst possible outcomes. However, you must provide as much accurate information so that your attorney can prepare you for all questions and scenarios.  This is especially important with pre-existing conditions so your attorney can request all of your past medical records.

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