In most cases, the driver that struck the rear of a vehicle is found to be the liable cause of the accident. Drivers in Elizabethtown have a duty to operate their vehicles attentively and must be able to stop their cars if traffic ahead comes to a halt. Despite this duty, many drivers cause rear-end car accidents due to being inattentive, distracted, or even under the influence of alcohol or drugs.

Additionally, in many instances, multiple drivers may play a role in causing an accident, such as in a “pile-up” car wreck. In these instances, it may be necessary to work with a rear-end collision attorney and file insurance claims against each driver’s insurance company, and, if necessary, file a lawsuit and naming all other drivers as defendants in the lawsuit.

Direct or circumstantial evidence can be used to prove another driver’s liability in a back-end car accident. Direct evidence is fact-based proof that does not need to be substantiated with other evidence to show liability against the other driver, such as independent witness testimony or tangible evidence. For example, if an independent witness not involved in the accident saw the rear-end accident and stated that the defendant was looking at his phone when the accident happened, that could be introduced as evidence.

Circumstantial evidence infers a fact, so it must combine with other evidence or come to an undeniable conclusion. For example, an Elizabethtown lawyer could present photographs of the damage to your rear bumper and the defendant’s front bumper after a rear-end collision. Within the context of the other evidence presented (such as each party’s testimony regarding how the accident occurred), an attorney may lead the jury to circumstantially conclude that the defendant hit the plaintiff’s vehicle in the rear.

A seasoned attorney could walk you through the steps of obtaining all necessary evidence and presenting it in the most effective way.

Most of the time the at-fault driver has automobile insurance that covers your claim for your injuries and damages.  When liability is proven by the evidence, the at-fault driver’s insurance company is often willing to attempt to negotiate a settlement with a rear-end car collision victim or their lawyer. Often, the parties can reach a settlement before a lawsuit needs to be filed. If the sides are unable to reach an agreement, however, a lawsuit may be necessary in order to obtain fair monetary compensation.

It is often the case that a rear-end car accident claim settles after a lawsuit is filed. Many car accident claims are resolved following the discovery phase of a lawsuit. The discovery phase of a lawsuit occurs during the early stages of litigation.  During the discovery phase, parties exchange any evidence they have with the other parties. It is common that during this phase evidence is disclosed that will prompt the at-fault driver’s insurer to settle the claim.

An injury victim could possibly settle a lawsuit at any point up to the last moments of a trial. Settlement commonly occurs during a lawsuit right before or during trial.