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Rear-end accidents are one of the more common types of crashes and cause property damage, injuries, and even fatalities every year. These accidents are especially likely to cause whiplash and other neck injuries, spinal injuries like herniated disks, and other damages. A Gonzales rear end accident lawyer can help individuals in these collisions determine liability and file a claim for the compensation they are owed.
When another driver’s carelessness causes a rear-end accident, their insurer should be held liable for your damages. At Gauthier Amedee, we have over 40 years of collective experience in personal injury law, including years of experience handling many types of car accident claims. We know how to investigate fault in these accidents, uncovering the cause and the party or parties who should be held accountable.
Injuries from a rear-end accident can be minor or severe, requiring medical treatment and time off work. These costs can add up on top of your daily expenses. Individuals and families can benefit significantly from an insurance claim against the at-fault party.
Unfortunately, insurers do not want to provide fair compensation for damages. Working with the team at Gauthier Amedee can help you protect your interests and fight for what you are entitled to.
There is no one party that is automatically liable for a rear-end accident because every accident is unique and caused by different factors. Each vehicle accident must be investigated and considered based on its evidence.
In many rear-end accidents, the driver who rear-ended another vehicle is the at-fault party. Drivers have a legal requirement to ensure a safe following distance, and failing to do this can lead to an accident and make that party liable. However, the rear driver is not always liable, and an investigation is needed to determine the cause of an accident.
In rare cases, neither driver is to blame. A brake failure can cause a rear-end accident. Although it may be the fault of a driver for failing to repair them, the brakes could also be faulty or dangerous. The manufacturer of the brakes could be liable for the accident.
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Evidence is crucial to determining who was at fault for the accident, and one important piece of evidence is a police report. You should secure the police report from the law enforcement agency that responded to the accident. This may be the Louisiana State Police, the Ascension Parish Sheriff’s Office, or the Gonzales Police Department.
Working with an attorney is essential to help uncover evidence of fault and hold the at-fault party accountable for an accident.
A rear driver may be liable for an accident if they were speeding, distracted, or for any other reason, not maintaining a safe following distance. If other circumstances are not present, the rear driver is likely liable for the crash and is therefore responsible for the damages of other involved parties.
The driver who was rear-ended can also be found partially or fully liable, depending on the circumstances of the accident. The driver in front may reverse into the other vehicle or stop suddenly on the road without reason.
The front driver may also merge or turn into traffic without ensuring there is space for the maneuver, leading to a rear-end collision. Other reckless behaviors, such as driving under the influence, could also result in unsafe driving and make the driver liable. A front driver may also be liable if their brake lights were not working, and they should have known and gotten them fixed.
When one driver or one party is liable for an accident, they and their insurer are liable for all damages caused. However, many accidents are not that straightforward. Multiple parties may hold partial liability. Under comparative negligence and in court, each party is liable for their percentage of the fault. Parties that may be liable include:
Through this system, you can recover partial damages even if you were partially to blame for an accident. However, your compensation is more limited, so it is important to ensure you are not blamed for more than your share of fault and that you are not found partially liable if you were not at fault.
For example, if you are found to be 25% liable for an accident, the compensation that you receive for damages will be reduced by 25%. You will also be responsible for 25% of the damages sustained by other parties.
If you are not liable, but multiple other parties are liable, you could recover portions of your damages from each party. This can be useful if your damages exceed the insurance coverage offered by one party. Working with a dedicated attorney can help you defend yourself against accusations of liability and potentially increase the compensation you are able to secure.
If you were rear-ended or the negligence of another party caused you to rear-end another driver, you may have options for financially recovering from your injuries. You don’t have to handle these cases alone, and you should never assume that insurance companies will operate in good faith.
Protect your rights and your financial well-being by working with Gauthier Amedee. Our firm wants to fight for you, and we will negotiate with the insurer for fair compensation. If a reasonable settlement can’t be found, our team can take your case to court. We understand how difficult it is to deal with the aftermath of an accident. Contact our firm today to discover how we can help you.
As your dedicated and trusted Gonzales, LA, personal injury law firm, part of our responsibilities are defending your rights to
fair compensation against the aggressive, strong-arm tactics of insurance companies. We have spent decades fighting against
these tactics. We know how to stand up to them, that’s why we’re your Go2Laywers. The next time insurance adjusters come
calling, don’t talk to them. Direct them to your attorneys at Gauthier Amedee.
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