Clayton Rear-End Car Accident Lawyer
Victims of a rear-end collision are known to suffer numerous serious injuries. In addition, individuals may be required to pay expensive amounts of money in property damage and medical bills. As a result, victims may feel inclined to pursue legal action.
If you wish to hold the at-fault party accountable for the injuries, reach out to a seasoned injury attorney today. A Clayton rear-end car accident lawyer could offer you the legal guidance necessary for submitting a successful claim. To begin reviewing the facts of your case, schedule a consultation today.
Rear-End Collision Doctrine
In Clayton, there is a presumption under state law that the rear vehicle in a crash is responsible for the accident. Known as the Rear-End Collision Doctrine, this rule holds that, without evidence to the contrary, the back vehicle in a rear-end collision is liable. This differs significantly from most vehicle accidents, where there is no presumption in favor of either party. However, a presumption does not guarantee a favorable outcome at trial. There are some ways in which the rear driver could rebut the presumption that they were responsible.
Common Causes of Back-Side Collisions
The majority of rear-end crashes occur due to the negligence of the rear driver. In many cases, these crashes are a result of a distracted driver failing to notice traffic coming to a stop ahead. Additionally, drivers that follow too closely often collide with the car in front of them after the lead vehicle slows to exit the roadway or avoid a hazard.
Altogether, many factors can lead to a rear-end crash. In any of these cases, an experienced car accident attorney could help the victim of a Clayton rear-end crash recover monetary damages for their injuries.
Comparative Fault in a Clayton Car Accident
While one driver or another typically shoulders all of the blame in the accident, there are times when both drivers are partially at fault. Every state handles this situation differently. Some jurisdictions bar a plaintiff from recovering damages if they are responsible for an accident in any way. Others only prevent a plaintiff from pursuing compensation if they were primarily at fault. In Clayton, the rules regarding comparative fault are more liberal.
The state has adopted a legal standard known as pure comparative fault. Under this system, a plaintiff in a rear-end accident lawsuit can seek compensation even if they were primarily at fault. However, their degree of liability will still play a role. Under the pure comparative fault rules, a jury will reduce a plaintiff’s damage award by their degree of fault. In other words, if the plaintiff was 15 percent at fault for the crash, the jury will reduce their potential award by 15 percent. An experienced Clayton rear-end car accident lawyer could help demonstrate to a jury that the defendant was entirely responsible for the accident.
Contact a Clayton Rear-End Car Accident Attorney
While there is a presumption in every rear-end accident, that does not guarantee an outcome at trial. Prevailing at trial on a rear-end accident claim could require skilled legal representation even if the court presumes you are not at fault.
To put your strongest case forward, you may benefit from the guidance of a Clayton rear-end car accident lawyer. Call right away to set up an initial consultation.