A Philadelphia Car Accident Attorney Explains Rear-End Collisions and Common Causes: How to Prove Fault in Pennsylvania

Rear-end collisions create some of the most challenging car crash cases when it comes to proving fault. To begin, being able to prove fault in a motor vehicle accident is a critical component of your case. Once the insurance company for the at-fault driver admits that their driver caused your rear-end collision, that puts you in a favorable position. Establishing fault comes first. Then, you are free to argue for damages and maximum recovery as a result of the accident. However, proving fault can be difficult depending on the circumstances of your accident. Even in a rear-end accident, where, generally speaking, the driver in the rear of the vehicle is always at fault, insurance companies will often try to avoid this discussion. Instead, any action taken by you in the car crash that could be used to avoid taking responsibility on their part will be pursued. In short, do not assume that just because you were rear-ended that the other driver will automatically admit fault. The longer the process takes to finalize, the greater the possibility that you will have a battle to determine fault in your claim for damages. Instead of going into this process alone, without any assistance, contact a Philadelphia car accident attorney today. Our team of experienced legal professionals offers free of charge consultations.

Balancing many considerations simultaneously makes determining liability a challenge

After a rear-end collision, you may have significant injuries that require treatment. The pain and discomfort experienced immediately after a rear-end collision can be overwhelming to handle. Furthermore, if you must also determine fault for your accident, this presents an entirely new level of complexity.

Consider that if the fault is accepted by the other driver’s insurance company, then you have one less element you must prove to a judge or jury. Instead, you can focus your attention on healing from your injuries, arguing for damages, and moving past the accident and into the next phase of your life. Anthony C. Gagliano, III, Esquire, P.C. excels in assisting clients and advocating on their behalf is what we do best. 

Another important consideration for those who have been injured in a rear-end collision is the extent to which each motorist involved in the accident is responsible for the injuries and property damage sustained. This is especially true in a multi-car pileup. These are accidents where three or more vehicles sustain damage. When the collisions take place within split seconds of each other, you may be blamed for an accident that was not your fault. An experienced Philadelphia car accident attorney knows how to pursue damages while providing a solid defense for you along the way. 

Who was at fault for your rear-end accident?

The tried and true method for determining fault in a rear-end collision in Pennsylvania is to place the rear driver at fault. Whether yours is an insurance claim or a personal injury lawsuit, fault is usually determined along these lines. Traffic laws require an appropriate distance to be maintained between your vehicle and the vehicle in front of you. When you tailgate or travel too closely to the lead vehicle, that is how accidents take place. This is the assumption made by insurance adjusters, juries, and motorists across the board in rear-end accident cases. 

However, there are circumstances in which fault is much less clear. For instance, what if you were the vehicle trailing another that stopped abruptly? Despite maintaining an appropriate distance between yourself and the vehicle in front of you, it was not possible to avoid a collision. Despite following the law, you are being blamed for rear-ending another vehicle. Is this something that you can control? Must you accept the blame for an accident that really and truly was not your fault?

Consult with Anthony C. Gagliano, III, Esquire, P.C., before accepting fault for an accident that you had no control over. Your insurance company may be prepared to accept fault prematurely. An experienced legal professional, Anthony C. Gagliano, III, Esquire, P.C., knows how to thoroughly investigate a situation so that a fair impression is drawn from the facts of a case. Don’t assume the worst in a situation where you rear-end another vehicle. Speak to our office, and we can help you determine what options are available for you to pursue. 

What does the law in Pennsylvania have to say about rear-end accidents?

When it comes to following too closely on Pennsylvania roads, state statutes hold that drivers may not follow another vehicle more closely than what is a reasonable and prudent distance. In case you were wondering, no definition is provided for what is a “reasonable and prudent” distance. This means that the meaning of this phrase is left to the interpreter of the law to determine. It may be that an insurance adjuster, judge, or jury must make a decision to determine whether you or another driver was reasonable and prudent in the distance left between vehicles. 

The speed of your vehicle and that of the other vehicle(s) involved will play a part in determining whether sufficient distance was maintained between vehicles. The appropriate distance between your vehicle and another vehicle is different on the highway versus a neighborhood street. Bumper-to-bumper traffic on a busy, downtown street must be treated differently from a lazy, country road. 

How can an experienced Philadelphia car accident attorney help you?

After you have been injured in a rear-end accident, there are a number of advantages to hiring an attorney. While it is common for law enforcement to report an accident, it is not always the case that a thorough examination of the circumstances is conducted. When you work with an experienced Philadelphia rear-end accident lawyer, you have a tremendous advantage in having your entire accident reviewed by law enforcement. This way, the lawyer can help hold the investigating officer accountable by reviewing the report and making suggestions or requesting a follow-up to be performed. 

Anthony C. Gagliano, III, Esquire, P.C., serves clients injured in rear-end accidents every day. Our team understands that our clients take priority over every other consideration. We serve clients with pride and do so with the utmost degree of professionalism. After being injured, it is normal to have questions and concerns. These concerns do not need to be something that you struggle to answer, however. Rather, direct those questions to an attorney who cares about you and your well-being. 

Ask yourself this: Do you know how to approach an accident where you were rear-ended but then also rear-ended the vehicle in front of you? These are known as multi-vehicle pileups and are especially difficult to sort through. If you are not careful, another driver may try to argue that you are responsible for their injuries. What do you do in that situation? Contact Anthony C. Gagliano, III, Esquire, P.C. today for a free of charge consultation. 

What evidence do you need in a rear-end collision case?

How you collect and present evidence in a rear-end accident case will go a long way towards determining your level of success. Being able to argue that not only were you injured but also suffered damages is a key part of this discussion. Simply showing that another driver was following you too closely does not necessarily help you. Rather, you must show that you suffered damages on top of proving that the other driver(s) were at fault for having caused your accident. 

Medical records are a fundamental component of your rear-end accident case. Saying that you were injured in a rear-end accident case does not accomplish anything in and of itself. Rather, you need to prove that the at-fault driver’s negligence also produced the damages you are alleging. Seeking appropriate medical care as soon as possible is the best way to address your physical issues and protect your case. Otherwise, if you do not seek appropriate medical care, an insurance company or defense attorney will seek to argue that these “gaps” in treatment show that you were injured significantly in the rear-end accident.

Photographs and video evidence are more common now than in years past. For instance, consider that your vehicle and any of the vehicles involved in the rear-end collision may have been recording or taking photos of the accident scene. In that case, photographic or video evidence likely exists that shows something contributing to the creation of this accident. When another driver attempts to dispute liability, that video or photograph evidence may be all that stands between you and a long, drawn-out case. 

Contact a Philadelphia Car Accident Attorney with questions about your rear-end accident

Our team of experienced legal professionals offers complimentary consultations for individuals interested in learning more about rear-end accidents and how an attorney can assist in protecting their rights. Contact a Philadelphia car accident attorney today.