You may have heard from others that the driver in the rear is always and without a doubt at fault in a rear-end collision. While in most cases this conclusion may be true, it is not always the case.
A rear-end collision is one in which the car driving in the rear collides with the car in front, with both cars driving in the same direction.
This type of accident typically happens when the car in front suddenly slows down or comes to a stop, and the driver in the rear, for whatever reason, does not have time to react accordingly.
Who’s at Fault in a Rear-end Collision in a Tulsa Car Accident?
Oklahoma road rules require the driver in the rear to drive at a speed and distance that will allow him or her to slow down or stop safely if the car ahead slows down or comes to a sudden stop.
For this reason, the law assumes the rear driver is at fault in a rear-end collision due to the fact that he or she was not driving at a safe speed or distance from the car ahead.
However, the law will allow the rear driver to overcome this assumption by proving that some unusual or extenuating circumstance(s) caused the rear driver to be unable to stop without hitting the driver in front.
For example, the brake lights on the front driver’s car may not have been working properly, or the driver in front may have been driving recklessly and in a manner that caused the collision to occur. Furthermore, if your car was first struck by a third car that knocked you into the car in front of you, the driver of the third car would be at fault.
The main point is that while in most cases the rear driver is at fault in a Tulsa rear-end car accident, there are circumstances where the rear driver will have the opportunity to disprove this assumption. As a result, if you or a loved one has been injured in a rear-end collision, whether you were the driver in front or rear, it important to contact an experienced Tulsa personal injury attorney as soon as possible in order to collect and preserve evidence to aid in your claim for compensation.
Initial Consultation: Tulsa Personal Injury Attorney
If you’ve been recently injured in a car crash, or if your loved one was recently injured or killed in a car wreck that was someone else’s fault, contact the Personal Injury Law Office of Tulsa. For a initial consultation and car accident case evaluation, call Personal Injury Law Office of Tulsa today. Contact your personal injury counselor at (918) 924-5528, toll free at (888) 447-7262 or send us a question using the form on the right side of this page.
