Montgomery County Rear-End Collision Accidents
Rear-end collisions are categorized as an accident where the front of the at-fault driver’s vehicle makes direct contact with the rear of the injured person’s vehicle. People often refer to this type of accident as a fender-bender. Typically, in Montgomery County, this occurs on some of the more heavily traveled roads or even on the Beltway. A Montgomery County car accident attorney can help you better understand the process for dealing with a rear-end collision.
Common Rear-End Collisions in Montgomery County
Rear-end accidents typically occur during busy travel parts of the day, such as rush hour, on the more heavily congested roadways. There are many accidents that occur on some of the major commuter arteries in Montgomery County. Additionally, rear-end accidents have occurred on the Capital Beltway, where you’ll have large volumes of vehicles that are traveling at a relatively high rate of speed in stop and go traffic. Given that scenario, if someone is not paying attention or takes their eyes off the road even for just a moment, then you often have a rear-end collision.
Fault in Rear-End Collisions
In Montgomery County, fault is typically found with the rear-ending vehicle. There is actually case law in Montgomery County that allows for the courts to presume that a rear-ending vehicle is at-fault to the accident unless the driver can offer some reasonable explanation as to why the accident occurred. It is not true that it is always the fault of the vehicle behind you. However, at the end of the day, most of the time the accident is the fault of the vehicle behind you. Speak with a Montgomery County car accident lawyer to discuss if you have a case.
Accident Injury Cases in Montgomery County
In all accident injury cases, you have two mandatory issues that need to be proven by the plaintiff or the person who is presenting the claim. A person who presents a claim has to establish who is at fault for the accident and damages. When a person is involved in a rear-end accident, then the evidence necessary to establish who is at fault for the accident should be relatively straightforward and should be easily proven.
Contributory Negligence as a Defense
In all personal injury cases in Maryland, contributory negligence is a legal defense available to the driver of an at-fault vehicle. If the defendant can prove that the injured person was even just 1 percent at fault in the accident, then the injured person is barred from recovery. When you have a Montgomery County rear-end style accident, it should be relatively easy for the plaintiff to establish who is at fault in the accident and at the same time present evidence that the injured person was not contributory negligent.
Most of the time, the offending vehicle or the rear-ending vehicle will attempt to present evidence of contributory negligence by saying that the vehicle in front of them stopped quickly or suddenly and thereby contributed to the accident.
Oftentimes, people will assert a contributory negligence claim even in rear-ends accidents, but the evidence must be sufficient to substantiate the affirmative defense of contributory negligence. Usually in these cases, the defendant will never concede liability. This means that the defendant will always require the plaintiff to prove their case and establish liability in their favor, which includes overcoming the defense of contributory negligence.
It is imperative for the injured person to have a car accident attorney who handles cases in Montgomery County, so that they can be aware of any legal defenses that the other driver may present and be prepared to present the court with evidence to both prove both liability and damages.
Methods of Establishing Liability
A Montgomery County car accident lawyer will use a number of tools to establish liability. The attorney will have conducted an investigation into the happening of the accident, such as talking to any witnesses, looking at the accident scene, and reviewing any property damage photographs, which may substantiate or contradict any other person’s version as to how the accident occurred.
Likewise, the attorney will know what information constitutes evidence to advance their claim at trial versus other portions of the investigation that may be inadmissible or evidence that may not be able to be used at trial. If a person attempts to present a claim on his/her own, that person may not understand what documents or demonstrative evidence is admissible. Whereas, an experienced attorney will know what evidence is admissible and what evidence is needed to establish liability in their favor.
Importance of Contacting a Lawyer
It is always advisable to contact a Montgomery County car accident attorney as soon as possible so that the injured person does not make any mistakes early on in their case that can be used against them later. It is important for an injured person to contact an attorney as soon as possible so that the attorney can properly investigate the claim and preserve all the evidence necessary to establish liability.
Likewise, if the injured person does not get an attorney when the accident occurs, they may make certain mistakes such as discarding evidence that could ultimately be used to help them in proving liability years down the road.
People who are injured in motor vehicle accidents should really understand that if they cannot resolve their claim satisfactorily through a mutual agreement such as a settlement agreement, then ultimately that injured person will have to present their claim in court. The injured person bears the burden of proof to prove their case. The defendant does not have to make any admissions or make any concessions to help the plaintiff.
Even though it may be a simple rear-end accident, an injured person should know that they will be required to prove the exact happening of that accident, and refute any allegation that they were contributorily negligent. It is important for a person to consult with an attorney as soon as possible to preserve all the evidence that can be used to resolve the claim satisfactory.
