In some states, the answer to “Is the rear driver always at fault for an accident? is yes. Wisconsin is not one of those states. Even if your vehicle rear-ended another vehicle, the driver in front can still be found partially or even completely responsible for the car accident depending on the circumstances. If you were hurt in a rear-end collision and feel that another driver was responsible, you should call an attorney sooner rather than later. Crucial evidence like debris from damaged vehicles or objects that were in the roadway needs to be documented and preserved quickly before they are lost.
When Might the Driver in Front be At-Fault in a Rear-End Collision?
In Wisconsin, the fault for a car accident can be shared between more than one car. As long as you were less than 51% at fault for a rear-end collision, you may be able to recover compensation from the other driver. Here are two common situations in which the front car involved in a rear-end collision may be mostly to blame:
- Non-Working Brake Lights – Functioning brake lights are critical for safety, especially at night. By law, a car must have brake lights that work. If you could not tell that a vehicle ahead of you was slowing or stopped because its brake lights were not working, the driver of that vehicle may be at fault.
- Abrupt Maneuvers – If a car suddenly veers into your lane going much slower than you are, or pulls out from a side street directly in front of you, it may be impossible for you to avoid rear-ending it. As long as you were not speeding, the other driver is likely more at fault than you are and you may be able to recover damages.
What is a Rear-End Scam?
In some instances, an unscrupulous driver may intentionally force a rear-end collision. This is generally done for the purpose of financial gain – the driver performing the scam intends to make it look as though you caused the rear-end collision when really, he is at fault. There are two ways this scam may be performed:
- Swerve and Brake – In this version of the scam, a driver suddenly swerves close in front of you and then slams on his brakes, forcing you to strike him from behind.
- Back-Up – This scam occurs when a driver throws his vehicle into reverse, usually at a stop sign or red light, and then backs into you. To a casual observer who did not see the collision happen, it may appear that you failed to stop in time and rear-ended the scammer.
Contact a Green Bay Area Car Accident Attorney
If you were hurt in a rear-end collision caused by another driver, you need to contact an Appleton Car Accidents Attorney as soon as you can. An experienced attorney will need to begin investigating quickly to find and preserve evidence showing that the other driver was actually at fault. Witnesses can “make or break” this type of case, so your attorney will want to interview anyone who saw the crash while their memories are fresh. Call the Herrling Clark Law Firm Ltd. at 920-739-7366 today for a free consultation. Do not wait – your case may depend on quick action.
Sources:
https://docs.legis.wisconsin.gov/statutes/statutes/895/i/045
https://www.driverside.com/auto-library/four_common_auto_insurance_scams-971