Motorists who experience a rear-end collision may think about exchanging insurance details with other involved drivers and contacting the police to obtain a car accident report, and they might contemplate a possible lawsuit, which is where having an understanding of the law in Mississippi pertaining to rear-end accidents can be useful. Mississippi law prohibits leaving insufficient space between vehicles, meaning a rear-end accident may indicate a violation of this rule, but equally, if a motorist drives too slowly (to a point where this presents a danger), leading to a rear-end collision, the driver in front might be liable due to poor driving. Learn who pays for damages in rear-end collisions in Mississippi, and find out how Lott Law can help establish rear-end accident fault and aid drivers with a rear-end collision claim; call (228) 215-2787 to discuss the particulars of your case with a seasoned Mississippi motor vehicle accident attorney.
Understanding Rear-End Accident Fault Rules
The law concerning rear-end accidents stipulates that drivers can only follow vehicles at a prudent and reasonable distance. This basically makes it illegal to tailgate other motorists or follow their cars too closely. For instance, should a frustrated driver begin to follow another’s vehicle to the point where the vehicles are almost touching, this is likely to fall under the definition of not being prudent and reasonable.
However, the law does not specify the boundary between an unreasonable and a reasonable gap between vehicles. While many may think the convention of two car lengths is an appropriate minimum distance, some driving conditions, such as traffic jams, make it impractical to implement one.
Who Is To Blame in a Rear-End Collision?
In the majority of rear-end collisions, the tailing motorist is liable, but the driver in front can be the responsible party in some instances. For example, if the leading motorist fails to signal prior to turning or if they apply the brakes suddenly without having a justifiable reason for doing this. Since Mississippi employs comparative fault rules, defined by the Legal Information Institute as a legal principle whereby courts assign a percentage of fault based on their contributions to causing the rear-end collision and reduce the available damages to each party according to their fault percentage, both the driver in front and the tailing party could be partially liable.
This means that if the tailing party hits the vehicle ahead of them but the vehicle ahead has faulty brake lights, a court may determine that the leading driver was more at fault and award a greater amount of damages to that party. Because of this, it is vital that drivers avoid admitting fault post-accident, as even if a driver thinks they caused the accident due to rear-ending the other motorist, a court might reapportion fault when the case goes to trial. Find out more about establishing rear-end collision fault, and get help with submitting a rear-end collision claim by consulting with a knowledgeable Mississippi auto accident lawyer; contact Lott Law today to arrange a preliminary discussion.
What Are the Typical Damages from a Rear-End Collision?
The consequences of rear-end accidents vary widely. These are common types of car accidents that occur on American roadways, as indicated by National Highway Traffic Safety Administration (NHTSA) research, which states that approximately half of motor vehicle collisions involving two vehicles are rear-end accidents. Accident types do not dictate the level of damages available, with some rear-end collisions involving severe injuries and vehicle damage and others involving minimal losses, and as such, the damages that arise from rear-end collisions differ, making it challenging to identify an accurate average.
Insurance Claim Considerations Concerning Rear-End Collisions
After a rear-end accident, insurers consider claims from involved motorists in addition to supporting evidence in order to establish who the at-fault party is. The liable motorist usually covers the medical and repair costs of all involved parties (unless other drivers contributed to the accident) via their auto insurance. However, insurance carriers commonly utilize tactics to reduce payouts, which might involve denying a motorist’s liability or attempting to pay victims less than a claim’s value.
Additionally, insurers may take a long time to process claims, preventing victims from promptly accessing compensation post-rear-end collision. Such delays might lead to victims experiencing financial hardship, forcing them to pay for vehicle repairs and medical bills themselves. When insurers employ these strategies, it may be helpful to hire an attorney to try and speed up the process of obtaining a settlement, particularly in instances where insurance companies dispute liability or disagree with the damages incurred in the rear-end collision.
Acquire Help With a Rear-End Collision Claim by Consulting With a Mississippi Car Accident Lawyer
Rear-end collisions often catch motorists off guard, especially as drivers on the receiving end have no time to prepare for impact. Such collisions can significantly damage vehicles while also leading to victims sustaining severe injuries, including whiplash, brain trauma, and broken bones. To learn more about determining rear-end accident fault, including who pays the damages in these incidents, and to acquire assistance with filing a rear-end collision claim, contact an experienced Mississippi car accident lawyer from Lott Law; call us today at (228) 215-2787 to book a confidential consultation.