When it comes to car accidents, determining who is at fault can be a complicated process. This is the case even for rear-end collisions where assigning fault seems straightforward. Opportunely, read-end accidents can sometimes result in serious injuries, which may be used to determine liability.
The presence of whiplash, a rear-end accident injury that occurs when the neck is forcefully and suddenly jerked back and forth, can prove liability in such accidents. Whiplash causes injury to the soft tissue and muscles in the neck.
How liability in rear-end accidents is assigned
Since rear-end accidents typically involve one car hitting another from behind, it is generally assumed that the driver of the rear car is at fault for the accident. This is because the driver of the rear car is responsible for maintaining a safe distance from the car in front and stopping in time to avoid a collision.
Whiplash injuries can be used as evidence to determine liability in such cases. Essentially, the fact that the driver of the front car suffered whiplash injuries shows that the impact was forceful, meaning the driver of the rear car was negligent in failing to avoid the collision.
However, in some cases, the driver of the front car may also share some of the responsibility for the accident. For example, if the driver of the front car suddenly stopped or slowed down without warning, the driver of the rear car may not have had enough time to react and avoid a collision.
How to acquire medical evidence to prove liability
To prove liability in a rear-end accident, it’s important to have medical evidence to support your claim. This means you should seek medical attention immediately after the accident, even if you feel fine.
Your medical records will be significant evidence in establishing the extent of your whiplash injuries and the amount of damages you are entitled to. In addition, your doctor may be able to testify as to the cause of your injuries, which can be crucial in proving liability.
If you’ve suffered a whiplash injury and other losses in a wreck, find out more about your legal options for compensation.