Some types of crashes require professional evaluation to effectively assign blame. When drivers provide contradictory statements or it is clear that both motorists made mistakes in traffic, assigning blame for a crash can be a challenge.
Other times, people may feel relatively confident about asserting that the other driver was at fault. There is typically a presumption that the driver in the rear vehicle is the party at fault for a rear-end collision.
What creates the presumption of fault?
New Jersey has many statutes regulating conduct in traffic. Not only do drivers need to follow the speed limit, but they also need to leave adequate space between vehicles for the sake of safety.
Rear-end collisions are often the fault of the driver in the rear vehicle because they do not leave adequate following space. Tailgating can justify claims that the driver in the rear vehicle was at fault for the wreck.
Still, the front driver could also be at fault. Not every rear-end collision is the result of tailgating. Occasionally, the driver in the rear vehicle can prove that the front vehicle’s driver was actually at fault.
Perhaps they failed to use their turn signal, resulting in other drivers making unsafe maneuvers. A failure to properly maintain a vehicle so that brake lights and turn signals illuminate could be to blame for a wreck.
Other times, aggressive driving might be the underlying cause of the crash. Drivers who cut others off by turning or merging too closely in front of their vehicles create scenarios in which other drivers cannot slow down or stop without striking them.
Evaluating what led to a collision can help people hold the right party accountable or protect themselves from unfair allegations of causing a wreck. Those involved in rear-end crashes may require assistance as they deal with the aftermath of the wreck, and that’s okay.