You’re driving home from work when traffic suddenly stops. You put on the brakes in time, but the car behind you slams into your bumper. Who’s at fault?
Determining fault in a rear-end car accident is key for understanding who will pay for repairs and medical bills. If you’ve been involved in such an accident in Westfield, MA, working with an experienced Westfield car accident lawyer at KC Law can help you get the compensation you deserve.
Typically, the driver in the rear is presumed to be at fault because all drivers are expected to keep a safe following distance and be prepared to stop. However, this isn’t always the case. For example, if the driver in front stops abruptly without signaling, or if their brake lights aren’t working, they could share responsibility for the accident.
Massachusetts follows a modified comparative fault rule, which means a driver who is found 51% or more at fault cannot recover damages from the other driver. This system makes it important to accurately assess each party’s role in the accident, as partial responsibility can affect compensation.
Following Distance and Safe Driving
Massachusetts law requires drivers to maintain a safe following distance. When the rear driver fails to do so—whether due to tailgating or distracted driving—they are typically held liable for the collision.
Sudden Stops and Fault Sharing
In some cases, the front driver may be partially at fault if they brake abruptly without warning or if their brake lights are malfunctioning. Even so, the rear driver is usually expected to react safely. Comparative negligence rules allow the court to assign fault percentages to both drivers if necessary.
Weather Conditions and Driver Responsibility
Drivers are expected to adjust their driving to account for conditions like rain, snow, or fog. If the rear driver was traveling too fast for the conditions and couldn’t stop in time, this may strengthen the case for their liability.
Distracted Driving and Fault
If the rear driver was texting or engaging in other distractions, this is considered negligence under Massachusetts law and often solidifies their fault in the crash.
Working with an experienced attorney is key because fault can be shared or disputed in some cases. A knowledgeable car accident lawyer from KC Law can help collect and analyze evidence such as police reports, traffic camera footage, and eyewitness testimony, and advocate for the best possible outcome for your case.
If you’ve been injured in a rear-end accident, don’t leave your case to chance. Contact KC Law today to schedule a consultation with a trusted car accident lawyer in Western Massachusetts. We’ll help you understand your rights, determine liability, and fight for the compensation you deserve.
If you or a loved one has been involved in a personal injury accident, contact KC Law to get the compensation you deserve. Schedule a consultation through our website or call (413) 251-1010.
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