Fairfax Rear-End Collision Lawyer

In Fairfax, a rear-end collision is where an accident happens when someone is struck from the rear. Rear-end collisions are some of the most frequent types of Virginia car accidents. Often, the vehicle that hits the one in front is presumed to be at fault. However, exceptions do exist and an experienced Fairfax rear-end collision attorney will be able to help determine exactly who is at fault for the accident and recover damages.

If you were injured or disabled in such a rear-end collision, a car accident lawyer in Fairfax can help.

Common Ways Collisions Occur

There are a variety of ways that rear-end collisions may occur. The most common way this occurs is because drivers fail to pay attention. This may be due to texting, playing with the radio, being fatigued, or under the influence of drugs or alcohol. Or, the person is simply just not paying attention to their surroundings, especially in Fairfax where there are various distractions such as shopping centers and complex intersections.

It is not uncommon for drivers to be distracted and for that distraction to lead to a rear-end accident because someone fails to pay attention. Rear-end accidents often occur at stop lights where someone puts their head down to check their phone or play with the radio. They think that traffic is moving ahead and then traffic stops. Sometimes an individual tries to beat a light or stop sign and the person in front of them stops.

Rear end collisions can happen on congested roadways. Various highways in Fairfax see occasions of traffic stopping abruptly. Sometimes, people see that the light is green ahead and do not realize that even though the light is green, the traffic is already stopped. The person sees a green light and not the tail lights.

Assigning Fault

Usually, the person who strikes another car from the rear is charged in a rear-end accident case. The defense of stopping short is not as commonly believed nor is it practical in a Fairfax accident case or in any type of case.

The person who is following has the duty of reasonable care to make sure they are following in a safe manner. If they fail to keep a safe distance from the car or vehicle in front of them, that distance can quickly change and they have a duty to not strike the car in front of them.

Not Found at Fault

If the person in front stops for no reason or commits a violation of law by stopping on the highway, that may be a case that is quite defensible. If the person missed their turn and they are in a through lane of travel and they just stop their car, that can be a scenario where the person following behind is not at fault.

If someone puts their flashers on and pulls in a turn lane to pick somebody up and someone hits them from the rear, the person that hits them from the rear might not be at fault. A driver cannot put their flashers on in traffic and assume everyone is going to stop for them.

Contributory Negligence

All of these examples are contributory negligence cases, which is a legal defense. The person failed to follow the safety rules and as a result of their failure, they were injured. They contributed to the accident. In Fairfax, when someone is contributorily negligent, they are barred by matter of law from making a recovery.

Establishing Liability

A Fairfax rear-end collision attorney can help someone understand where liability may lie by investigating a claim, using their resources, and also understanding the case law. Virginia contributory negligence case law is constantly evolving and an experienced attorney can understand issues that may arise and how to challenge them.

Contacting an Attorney

It is always important to contact Fairfax rear-end collision lawyer sooner rather than later because there may be important evidentiary issues that must be preserved. If they are not preserved, they can be lost. This includes the location of witnesses, contact information, pictures of the scene of the accident, damage to the vehicles, and things of that nature.

Also, memories fade over time. People tend to romanticize the facts as time passes and their memories may fade. In addition, certain evidence may no longer exist including security camera footage, traffic light camera footage, and things that are routinely kept and then destroyed as a matter of practice.